South Dakota Adopts Provisions for Remote Witnessing of Certain Legal Instruments

South Dakota recently enacted Senate Bill 107.  SB 107 will become effective on July 1, 2022, and allows for remote witnessing of certain legal instruments.  Among other matters, the Bill allows:

• A non-holographic will to be deemed validly signed by the testator if the signature was in the electronic presence of two or more individuals, or if two or more individuals in the electronic presence of the testator, witnessed the testator’s acknowledgment of that signature.

• A durable power of attorney for health care decisions is deemed validly signed when the signature is witnessed by at least two other adult individuals in the electronic presence of the principal.

• A pre-need cremation authorization is deemed validly witnessed if the signature of the person authorizing his own cremation and disposition of cremated remains is witnessed by two witnesses in such person’s electronic presence.