Page 18 - drive a2b may 2020
P. 18

legal





              signing and





              witnessing





              of wills






              Virtual signing and

              witnessing of Wills


              allowed in NSW, and

              soon QLD.





        The NSW Government has put   the new moves by the NSW & QLD   amended in any way before signing
        in place temporary regulations   Government will offer a short-term   it too.
        to allow video conferencing   solution during this time.
        technology such as Skype, Zoom                             In QLD, witnesses will include:
        etc. to be used for the signing   Witnesses must see the Will maker   - Two colleagues, if you are still
        and witnessing of Wills and other   signing the Will in real time to   attending a workplace outside your
        important legal documents.   confirm the signature is legitimate,   home
        Virtual signing and witnessing of   and video conferencing technology
        Wills will soon be allowed in QLD,   will allow them to do so.  - Two people you encounter as part
        with legislation introduced in   A properly witnessed Will would   of an allowable activity, such as
        Queensland Parliament on 22 April   avoid the cost and uncertainty of   attending a medical appointment
        2020.                                                      - Two visitors to your home
                                     someone trying to prove an invalid
        Law firms all around Australia   Will after ones death.    - Two adults in your household,
        have seen an increase in inquiries   In NSW, the witnesses involved are   such as housemates and family
        concerning Wills this year,   required to endorse the document   members (provided they are not
        compared to last year, and this may   by signing the same document (or   beneficiaries of the Will).
        very well be a result of the current   a copy), and specifying how it was
        social distancing rules due to   witnessed and that the document   Other legal documents that will
        COVID-19.                                                  also be able to be signed and
                                     was witnessed in accordance with   witnessed include deeds, powers of
        Restrictions have made it difficult   the regulation. Witnesses must also   attorney, advance health directives,
        for many people to execute Wills in   be reasonably satisfied with the   appointments of enduring guardian
        the presence of two witnesses, so   document, confident that it was not   and statutory declarations.
      18                    DRIVE A2B magazine · www.drivea2b.com.au · May 2020
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