Kentucky Permits Remote Witnessing
Kentucky SB 150 signed by the Kentucky Governor yesterday permits, at least during the pendency of the state of emergency declared by Governor Beshear in response to COVID-19, certain remote witnessing and notarization of documents. Compliance with Kentucky law requiring individuals to be in the presence of one another for the acknowledgment or notarization of a document (such as KRS 394.040 which requires 2 witnesses to sign in the presence of the testator and each other in order to form a valid Will) is, under SB 150, satisfied by individuals communicating via a “video teleconference in real time.” The law defines such a remote communication as being the same as if such individuals “were physically present in the same location.” To the extent individuals rely on SB 150 in the execution of documents, the documents signed in separate counterparts shall together be deemed one document.