How to make or update a Will in 2020

During Covid-19 pandemic the requirements for a valid Will remain the same.

Providing social distancing rules are followed, a person can still give instructions for a Will by attending face to face meeting with a solicitor.

However, in order to protect the safety and wellbeing of people and assist in reduction of face to face contact during the Covid-19 pandemic, in New South Wales, since 22 April 2020 new temporary laws were introduced (The Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020 (NSW) Schedule 1   Amendment of Electronic Transactions Regulation 2017 (‘Regulations’)). The Regulations will remain in place until 22 October 2020.

The Regulations allow for witnessing and attestation of documents using audio visual link.

Requirements for a valid Will

For a Will to be valid, the willmaker (‘testator’):

  • must have a testamentary capacity;
  • be over the age of 18 (with some exceptions, ie statutory provisions enabling minors to make a will in certain circumstances);
  • has the intention to make, alter or revoke a Will;
  • know and approve of the content of the Will; and
  • the Will must be properly executed.

How can you sign and have your Will witnessed under the Regulations?

The Regulations provide for the signing and witnessing of a Will using video conferencing technology such as Zoom, Skype, etc.

Under the Regulations, the witnesses:

  • must see the testator signing the Will “in real time”; and
  • confirm witnessing the testator’ s signature by signing the Will or a copy of the Will”, and
  • “be reasonably satisfied that they are witnessing the signing of the same document”, or “a copy of the document” signed by the testator.

The willmaker should also observe each witness signing the counterpart or copy of the of the Will “in real time”.

If you need any assistance contact one of our lawyers at info@legallysmart.com.au or call 02 8332 6126 for a no-obligation discussion and for a specific legal advice.

Disclaimer: This article is for information purposes only, and it is not intended to be a legal advice.