(a) An electronic will may be simultaneously executed, attested, and made self-proving by acknowledgment of the testator and affidavits of the witnesses.
(b) If both the attesting witnesses are physically present in the same location as the testator at the time of signing under section 55, the acknowledgment and affidavits under subsection (a) must be:(1) Made before an officer authorized to administer oaths under law of the state in which execution occurs; and(2) Evidenced by the officer’s certificate under official seal affixed to or logically associated with the electronic will.
(1) Made before an officer authorized to administer oaths under law of the state in which execution occurs; and
(2) Evidenced by the officer’s certificate under official seal affixed to or logically associated with the electronic will.
(c) If one or both the attesting witnesses are not physically present in the same location as the testator at the time of signing under section 55, the acknowledgement and affidavits under subsection (a) must be:(1) Made before an officer authorized under 3 V.I.C. § 824; and(2) Evidenced by the officer’s certificate under official seal affixed to or logically associated with the electronic will.
(1) Made before an officer authorized under 3 V.I.C. § 824; and
(2) Evidenced by the officer’s certificate under official seal affixed to or logically associated with the electronic will.
(d) The acknowledgement and affidavits under subsection (a) must be in substantially the following form:I, , the testator, and, being sworn, declare to the undersigned officer that I sign this instrument as my electronic will, I willingly sign it or willingly direct another to sign for me, I execute it as my voluntary act for the purposes expressed in this instrument, and I am eighteen years of age or older, of sound mind, and under no constraint or undue influence.TestatorWe, , and , witnesses, being sworn, declare to the undersigned officer that the testator signed this instrument as the testator’s electronic will, that the testator willingly signed it or willingly directed another individual to sign for the testator, and that each of us, in the physical or electronic presence of the testator, signs this instrument as witness to the testator’s signing, and to the best of our knowledge the testator is eighteen years of age or older, of sound mind, and under no constraint or undue influence.WitnessWitnessState of Subscribed, sworn to, and acknowledged before me by (name) (name), witnesses, this day of , (SEAL) (signed)(Official capacity of officer)
I, , the testator, and, being sworn, declare to the undersigned officer that I sign this instrument as my electronic will, I willingly sign it or willingly direct another to sign for me, I execute it as my voluntary act for the purposes expressed in this instrument, and I am eighteen years of age or older, of sound mind, and under no constraint or undue influence.TestatorWe, , and , witnesses, being sworn, declare to the undersigned officer that the testator signed this instrument as the testator’s electronic will, that the testator willingly signed it or willingly directed another individual to sign for the testator, and that each of us, in the physical or electronic presence of the testator, signs this instrument as witness to the testator’s signing, and to the best of our knowledge the testator is eighteen years of age or older, of sound mind, and under no constraint or undue influence.WitnessWitnessState of Subscribed, sworn to, and acknowledged before me by (name) (name), witnesses, this day of , (SEAL) (signed)(Official capacity of officer)
(e) A signature physically or electronically affixed to an affidavit affixed to or logically associated with an electronic will under this act is deemed a signature of the electronic will for the purpose of section 55(a).