VT Senate Bill 316

Legislation

State: Vermont
Signed: April 28, 2020

Effective: April 28, 2020
Chapter: Act No. 96

Summary

Senate Bill 316 temporarily allows witnesses to a last will to personally appear by remote means to sign self-proving affidavits.

Affects

Amends 14 VSA Section 5.

Changes

Provides that during the period that the Emergency Administrative Rules for Remote Notarial Acts adopted by the Vermont Secretary of State (“the Emergency Rules”) are in effect, the witnesses to a will signed in conformity with the Emergency Rules and pursuant to the self-proving will provisions of section 108 of Title 14 of the Vermont Statutes Annotated shall be considered to be in the presence of the testator and each other whether or not the witnesses are physically present with the testator or the Notary.

Analysis

In many states, a last will may be made self-proving by the acknowledgment of the testator and sworn affidavits of witnesses signed before a Notary Public. During the COVID-19 state of emergency, Senate Bill will allow these self-proving affidavits to be witnessed by remote means following the Secretary of State's emergency administrative rules for remote notarial acts.

Read Senate Bill 316.