Signing your will under Covid-19 restrictions

To make a valid will you must sign the document in the presence of two adult witnesses. If you are unable to sign the document for physical reasons, then you can ask someone to sign the will on your behalf, but this still must occur in the presence of two witnesses.

With the Covid-19 restrictions and the obvious need to avoid unnecessary social interaction, sometimes it can be difficult to arrange witnesses for wills.

The Victorian Government has recently passed regulations which enable a will to be witnessed through an audio-visual link and also through the use of digital signatures. The procedure is a bit different and does need very careful compliance. The regulations also provide the ability for someone to sign a will on behalf of a person via an audio-visual link.

It is excellent that the government has passed these regulations because it now does provide a real practical alternative when it is impossible to have two witnesses present. The regulations would be extremely beneficial if a person was in quarantine, at higher risk of being significantly impacted by exposure to Covid-19 or in a hospital setting.

It is rare that a person would direct someone else to sign the will on their behalf. But if you were in quarantine all you would need is a phone, iPad or computer with a camera facility and the ability to create an audio-visual link.

But a word of warning, the new regulations are very specific. If you are able to comply with the regulations perfectly then you will have a valid will. But if you make an error, then the will may not be valid. It is therefore essential that you work with an experienced lawyer like the team at OFRM to both have your will prepared and to obtain the guidance regarding the signing of the will, particularly if the remote signing and witnessing option is the only choice available.

O’Farrell Robertson McMahon's Wills & Estates Accredited Specialist Russell Robertson is able to assist you with all matters regarding preparing or reviewing your Will. You can book an appointment to see Russell online or by phoning 03 5445 1000.