2001 REGULAR SESSION (71st) A SB33 R1 742
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by renumbering section 1 as sec. 12 and adding new sections designated sections 1 through 11, following the enacting clause, to read as follows:
“Section 1. Chapter 132 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. As used in this Title, unless the context otherwise requires, when the term “writing” or “written” is used in reference to a will, the term includes an electronic will.
Sec. 3. “Electronic record” means a record created, generated or stored by electronic means.
Sec. 4. “Electronic signature” means an electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
Sec. 5. “Electronic will” means a testamentary document that complies with the requirements of section 9 of this act.
Sec. 6. “Record” means information that is inscribed on a tangible medium, or that is stored in an electronic medium and is retrievable in perceivable form.
Sec. 7. NRS 132.025 is hereby amended to read as follows:
132.025 As used in this Title, unless the context otherwise requires, the words and terms defined in NRS 132.030 to 132.370, inclusive, and sections 3 to 6, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 8. NRS 132.070 is hereby amended to read as follows:
132.070 “Codicil” means an addition to a will that may modify or revoke one or more provisions of the will, or add one or more provisions to the will, and is signed with the same formalities as a witnessed will, electronic will or holographic will.
Sec. 9. Chapter 133 of NRS is hereby amended by adding thereto a new section to read as follows:
1. An electronic will is a will of a testator that:
(a) Is written, created and stored in an electronic record;
(b) Contains the date and the electronic signature of the testator and which includes, without limitation, at least one authentication characteristic of the testator; and
(c) Is created and stored in such a manner that:
(1) Only one authoritative copy exists;
(2) The authoritative copy is maintained and controlled by the testator or a custodian designated by the testator in the electronic will;
(3) Any attempted alteration of the authoritative copy is readily identifiable; and
(4) Each copy of the authoritative copy is readily identifiable as a copy that is not the authoritative copy.
2. Every person of sound mind over the age of 18 years may, by last electronic will, dispose of all of his estate, real and personal, but the estate is chargeable with the payment of the testator’s debts.
3. An electronic will that meets the requirements of this section is subject to no other form, and may be made in or out of this state. An electronic will is valid and has the same force and effect as if formally executed.
4. An electronic will shall be deemed to be executed in this state if the authoritative copy of the electronic will is:
(a) Transmitted to and maintained by a custodian designated in the electronic will at his place of business in this state or at his residence in this state; or
(b) Maintained by the testator at his place of business in this state or at his residence in this state.
5. The provisions of this section do not apply to a trust other than a trust contained in an electronic will.
6. As used in this section:
(a) “Authentication characteristic” means a characteristic of a certain person that is unique to that person and that is capable of measurement and recognition in an electronic record as a biological aspect of or physical act performed by that person. Such a characteristic may consist of a fingerprint, a retinal scan, voice recognition, facial recognition, a digitized signature or other authentication using a unique characteristic of the person.
(b) “Authoritative copy” means the original, unique, identifiable and unalterable electronic record of an electronic will.
(c) “Digitized signature” means a graphical image of a handwritten signature that is created, generated or stored by electronic means.
Sec. 10. NRS 133.040 is hereby amended to read as follows:
133.040 No will executed in this state, except such electronic wills or holographic wills as are mentioned in this chapter, is valid unless it is in writing and signed by the testator, or by an attending person at the testator’s express direction, and attested by at least two competent witnesses who subscribe their names to the will in the presence of the testator.
Sec. 11. NRS 133.045 is hereby amended to read as follows:
133.045 1. Whether or not the provisions relating to electronic wills and holographic wills apply, a will may refer to a written statement or list , including, without limitation, a written statement or list contained in an electronic record, to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, securities and property used in a trade or business.
2. To be admissible as evidence of the intended disposition, the statement or list must contain:
(a) The date of its execution.
(b) A title indicating its purpose.
(c) A reference to the will to which it relates.
(d) A reasonably certain description of the items to be disposed of and the names of the devisees.
(e) The testator’s handwritten signature [.] or electronic signature.
3. The statement or list may be:
(a) Referred to as a writing to be in existence at the time of the testator’s death.
(b) Prepared before or after the execution of the will.
(c) Altered by the testator after its preparation.
(d) A writing which has no significance apart from its effect upon the dispositions made by the will.”.
Amend the bill as a whole by renumbering sections 2 and 3 as sections 14 and 15 and adding a new section, designated sec. 13, following section 1, to read as follows:
“Sec. 13. NRS 133.080 is hereby amended to read as follows:
133.080 1. If in writing and subscribed by the testator, a last will and testament executed outside this state in the manner prescribed by the law, either of the state where executed or of the testator’s domicile, shall be deemed to be legally executed, and is of the same force and effect as if executed in the manner prescribed by the law of this state.
2. This section must be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
3. As used in this section, “subscribed” includes, without limitation, placing an electronic signature on an electronic will.”.
Amend the bill as a whole by renumbering sections 4 through 15 as sections 17 through 28 and adding a new section designated sec. 16, following sec. 3, to read as follows:
“Sec. 16. Chapter 136 of NRS is hereby amended by adding thereto a new section to read as follows:
An electronic will may be proved by authentication satisfactory to the court.”.
Amend the bill as a whole by renumbering sections 16 and 17 as sections 30 and 31 and adding a new section designated sec. 29, following sec. 15, to read as follows:
“Sec. 29. NRS 150.310 is hereby amended to read as follows:
150.310 1. If it appears upon any accounting, or in any appropriate action or proceeding, that a personal representative, trustee or other fiduciary has paid or may be required to pay an estate tax to the Federal Government under the provisions of any federal estate tax law, now existing or hereafter enacted, upon or with respect to any property required to be included in the gross estate of a decedent under the provisions of any such law, the amount of the tax must be equitably prorated among the persons interested in the estate, whether residents or nonresidents of this state, to whom the property was, is or may be transferred or to whom any benefit accrues, except:
[1.] (a) Where a testator otherwise directs in his will.
[2.] (b) Where by written instrument , including, without limitation, an electronic trust, executed inter vivos direction is given for apportionment among the beneficiaries of taxes assessed upon the specific fund dealt with in the instrument.
2. As used in this section, “electronic trust” has the meaning ascribed to it in section 38 of this act.”.
Amend the bill as a whole by renumbering sec. 18 as sec. 44 and adding new sections designated sections 32 through 43, following sec. 17, to read as follows:
“Sec. 32. Chapter 159 of NRS is hereby amended by adding thereto a new section to read as follows:
As used in this chapter, unless the context otherwise requires, when the term “writing” or “written” is used in reference to a will or instrument, the term includes an electronic will as defined in section 5 of this act and an electronic trust as defined in section 38 of this act.
Sec. 33. Chapter 163 of NRS is hereby amended by adding thereto the provisions set forth as sections 34 to 40, inclusive, of this act.
Sec. 34. As used in this chapter, unless the context otherwise requires, when the term “writing” or “written” is used in reference to a will, trust or instrument to convey property, the term includes an electronic will as defined in section 5 of this act or an electronic trust as defined in section 38 of this act, as appropriate.
Sec. 35. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 36 to 39, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 36. “Electronic record” has the meaning ascribed to it in section 3 of this act.
Sec. 37. “Electronic signature” has the meaning ascribed to it in section 4 of this act.
Sec. 38. “Electronic trust” means a trust instrument that complies with the requirements of section 40 of this act.
Sec. 39. “Record” has the meaning ascribed to it in section 6 of this act.
Sec. 40. 1. An electronic trust is a trust instrument that:
(a) Is written, created and stored in an electronic record;
(b) Contains the electronic signature of the settlor; and
(c) Meets the requirements set forth in this chapter for a valid trust.
2. An electronic trust shall be deemed to be executed in this state if the electronic trust is:
(a) Transmitted to and maintained by a custodian designated in the trust instrument at his place of business in this state or at his residence in this state; or
(b) Maintained by the settlor at his place of business in this state or at his residence in this state, or by the trustee at his place of business in this state or at his residence in this state.
3. The provisions of this section do not apply to a testamentary trust.
Sec. 41. NRS 163.008 is hereby amended to read as follows:
163.008 1. A trust created in relation to real property is not valid unless it is created by operation of law or is evidenced by:
(a) A written instrument signed by the trustee, or by the agent of the trustee if he is authorized in writing to do so; or
(b) A written instrument , including, without limitation, an electronic trust, conveying the trust property and signed by the settlor, or by the agent of the settlor if he is authorized in writing to do so.
2. Such a trust may be recorded in the office of the county recorder in the county where all or a portion of the real property is located.
Sec. 42. NRS 163.260 is hereby amended to read as follows:
163.260 1. By an expressed intention of the testator or settlor [so] to do so contained in a will, or in an instrument in writing whereby a trust estate is created inter vivos, any or all of the powers or any portion thereof enumerated in NRS 163.265 to 163.410, inclusive, as they exist at the time [of the signing of the will by] that the testator signs the will or places his electronic signature on the will, if it is an electronic will, or at the time [of the signing by] that the first settlor [who] signs the trust instrument [,] or places his electronic signature on the trust instrument, if it is an electronic trust, may be, by appropriate reference made thereto, incorporated in such will or other written instrument, with the same effect as though such language were set forth verbatim in the instrument. Incorporation of one or more of the powers contained in NRS 163.265 to 163.410, inclusive, by reference to the proper section shall be in addition to and not in limitation of the common law or statutory powers of the fiduciary.
2. A fiduciary shall not exercise any power or authority conferred as provided in NRS 163.260 to 163.410, inclusive, in such a manner as, in the aggregate, to deprive the trust or the estate involved of an otherwise available tax exemption, deduction or credit, expressly including the marital deduction, or operate to impose a tax upon a donor or testator or other person as owner of any portion of the trust or estate involved. “Tax” includes, but is not limited to, any federal income, gift, estate or inheritance tax.
3. This section does not prevent the incorporation of the powers enumerated in NRS 163.265 to 163.410, inclusive, in any other kind of instrument or agreement.
4. As used in this section, “electronic will” has the meaning ascribed to it in section 5 of this act.
Sec. 43. NRS 163.590 is hereby amended to read as follows:
163.590 1. [A] Whether or not the provisions relating to electronic trusts apply, a trust may refer to a written statement or list , including, without limitation, a written statement or list contained in an electronic record, to dispose of items of tangible personal property not otherwise specifically disposed of by the trust, other than money, evidences of indebtedness, documents of title, securities and property used in a trade or business.
2. To be admissible as evidence of the intended disposition, the statement or list must contain:
(a) The date of its execution.
(b) A title indicating its purpose.
(c) A reference to the trust to which it relates.
(d) A reasonably certain description of the items to be disposed of and the beneficiaries.
(e) The handwritten signature or electronic signature of the settlor.
3. The statement or list may be:
(a) Referred to as a writing to be in existence at the death of the settlor.
(b) Prepared before or after the execution of the trust instrument.
(c) Altered by the settlor after its preparation.
(d) A writing which has no significance apart from its affect upon the dispositions made by the trust.”.
Amend the bill as a whole by renumbering sec. 19 as sec. 46 and adding a new section designated sec. 45, following sec. 18, to read as follows:
“Sec. 45. NRS 164.010 is hereby amended to read as follows:
164.010 1. Upon petition of any person appointed as trustee of an express trust by any written instrument other than a will, or upon petition of a settlor or beneficiary of the trust, the district court of the county in which the trustee resides or conducts business, or in which the trust has been domiciled, shall consider the application to confirm the appointment of the trustee and specify the manner in which the trustee must qualify. Thereafter the court has jurisdiction of the trust as a proceeding in rem.
2. If the court grants the petition, it may consider at the same time any petition for instructions filed with the petition for confirmation.
3. At any time, the trustee may petition the court for removal of the trust from continuing jurisdiction of the court.
4. As used in this section, “written instrument” includes, without limitation, an electronic trust as defined in section 38 of this act.”.
Amend the bill as a whole by renumbering sec. 20 as sec. 48 and adding a new section designated sec. 47, following sec. 19, to read as follows:
“Sec. 47. Chapter 166 of NRS is hereby amended by adding thereto a new section to read as follows:
As used in this chapter, unless the context otherwise requires, when the term “writing” or “written” is used in reference to a will, trust or instrument, the term includes an electronic will as defined in section 5 of this act and an electronic trust as defined in section 38 of this act.”.
Amend the title of the bill, first line, after “probate;” by inserting:
“providing for the use of electronic wills and electronic trusts;”.