Normally, a will must be executed by a person in the presence of two, preferably independent, witnesses.
However, in the current climate of COVID-19, where social distancing and self-isolation are essential, these requirements may not able to be met. Delaying the signing of your will is not a good option.
What will the Court accept?
Under section 9 of the Wills Act 1997 (Vic), the Court has the power to accept wills, or amendments to wills, that do not conform with the strict requirements.
The Court needs to be satisfied that the document represents a person’s true intentions and that they intended it to be their last will. In assessing this, the court will look at the evidence surrounding the preparation of the document, its execution and any evidence about the person’s intentions.
If you are unable to meet with witnesses you should still sign your will and email us to confirm it is signed and you intend it to be your will.
More information
KCL Law’s Estate Group are committed to finding solutions for all our clients’ needs. If you, or a family member, need advice about your will and estate plan, please telephone or email one of our Estate Group members below.
| Sam Frey, Principal Lawyer and Head of Estate Group D +61 3 8600 8885 E sfrey@kcllaw.com.au | Jennifer Maher, Principal Lawyer and Accredited Wills and Estates Specialist D +61 3 8600 0710 E jmaher@kcllaw.com.au | Paul Beasant, Special Counsel D +61 3 8600 8817 E pbeasant@kcllaw.com.au |
| Hayley Hunter, Senior Associate D +61 3 8600 8806 E hhunter@kcllaw.com.au | Ainsleigh Lugger, Associate D +61 3 8600 8826 E alugger@kcllaw.com.au |
Author
This Estate Group update was authored by Hayley Hunter, Senior Associate.
Note: This update is a guide only and is not intended to constitute legal advice.