As Reported by the House Judiciary Committee

127th General Assembly Regular Session 2007-2008

S. B. No. 302

Senator Goodman 

Cosponsors: Senators Schuler, Seitz, Kearney, Fedor, Carey, Grendell, Harris, Padgett, Roberts, Sawyer, Schaffer, Wagoner, Buehrer 

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A BILL

To amend sections 2107.03 and 2107.24 of the Revised

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Code to require a will to be attested and

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subscribed by the witnesses in the conscious

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presence, instead of in the presence, of the

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testator and to provide that a decedent who signs

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a document that is a purported will sign in the

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conscious presence of the witnesses.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2107.03 and 2107.24 of the Revised	8
Code be amended to read as follows:	9

Sec. 2107.03.  Except oral wills, every last will and	10
testament shall be in writing, but may be handwritten or	11
typewritten. SuchThe will shall be signed at the end by the party	12
testator making it or by some other person in such party'sthe	13
testator's conscious presence and at histhe testator's express	14
direction, and be attested and subscribed in the conscious	15
presence of such partythe testator, by two or more competent	16
witnesses, who saw the testator subscribe, or heard himthe	17
testator acknowledge histhe testator's signature.	18

For purposes of this section, "conscious presence" means	19
within the range of any of the testator's senses, excluding the	20
sense of sight or sound that is sensed by telephonic, electronic,	21
or other distant communication.	22

Sec. 2107.24.  (A) If a document that is executed that	23
purports to be a will is not executed in compliance with the	24
requirements of section 2107.03 of the Revised Code, that document	25
shall be treated as if it had been executed as a will in	26
compliance with the requirements of that section if a probate	27
court, after holding a hearing, finds that the proponent of the	28
document as a purported will has established, by clear and	29
convincing evidence, all of the following:	30

(1) The decedent prepared the document or caused the document	31
to be prepared.	32

(2) The decedent signed the document and intended the	33
document to constitute the decedent's will.	34

(3) Two or more witnesses saw theThe decedent signsigned	35
the document under division (A)(2) of this section in the	36
conscious presence of two or more witnesses. As used in division	37
(A)(3) of this section, "conscious presence" means within the	38
range of any of the witnesses' senses, excluding the sense of	39
sight or sound that is sensed by telephonic, electronic, or other	40
distant communication.	41

(B) If the probate court holds a hearing pursuant to division	42
(A) of this section and finds that the proponent of the document	43
as a purported will has established by clear and convincing	44
evidence the requirements under divisions (A)(1), (2), and (3) of	45
this section, the executor may file an action in the probate court	46
to recover court costs and attorney's fees from the attorney, if	47
any, responsible for the execution of the document.	48

Section 2. That existing sections 2107.03 and 2107.24 of the	49
Revised Code are hereby repealed.	50