How To Sign Your Will In Victoria During COVID-19
By Nicholas Marouchak
23 August 2020 - 3 min read
In order to maintain social distancing and in some cases, remain in our homes, the Victorian Government has introduced the COVID-19 Omnibus (Emergency Measures) (Electronic Signing and Witnessing) Regulations 2020.
Electronic Signature Statement
In Victoria, you can electronically sign your will in a number of ways including signing a PDF on a tablet, smartphone or laptop using a stylus or finger.
When using an e-signature, the person signing must write or stamp under their e-signature a statement indicating that the document was electronically signed in accordance with the Regulations.
An example of a valid e-signature statement if signing electronically is this:
This document was electronically signed in accordance with the COVID-19 Omnibus (Emergency Measures) (Electronic Signing and Witnessing) Regulations 2020.
Recommended Procedure in Witnessing Your Will Electronically
Each witness is still required to fulfill all existing obligations under the Wills Act 1997, which means you still need 2 witnesses and they need to see you sign.
The following steps 1 to 7 must all occur on the same day for your will to be validly signed:
- Have yourself and 2 witnesses appear on a video call together.
- Each of the 2 witnesses must see you sign your will either electronically or the printed hard copy. Remember, if you sign it electronically, you must include the e-signature statement underneath your signature (see above)
- You then email a copy of your will to the first remote witness. This document has your signature on it.
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The first remote witness then does this:
- They sign your will (in the appropriate part) either electrically or they sign a printed hard copy. Remember, if they sign electronically, they must include the e-signature statement underneath their signature (see above)
- Underneath their signature, the witness must also write this statement:
- This document was witnessed via audio-visual link in accordance with the COVID-19 Omnibus (Emergency Measures) (Electronic Signing and Witnessing) Regulations 2020
- The witness then emails a copy of the will to the second remote witness. This document has your signature on it and the first witness’s signature.
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The second remote witness then does this:
- Signs your will (in the appropriate part) either electrically or signs a printed hard copy. If they sign electronically, they must include the e-signature statement.
- Underneath their signature, the witness must also write this statement:
- This document was electronically signed in accordance with the COVID-19 Omnibus (Emergency Measures) (Electronic Signing and Witnessing) Regulations 2020.
- The witness then emails you a copy of the will with all the signatures on it.
- When you receive a copy of your will signed by all witnesses, on that copy you write the following: This copy is a true copy of the will signed by me [your name]. The conditions in the COVID-19 Omnibus (Emergency Measures) (Electronic Signing and Witnessing) Regulations 2020 have been met
- You sign and date the document again. If signing electronically write the e-signature statement. The result is that there is one copy of the will on which all the signatures and statements appear. This copy is your legally signed will.
Re-sign After Pandemic Ends (optional)
After the pandemic ends, you can re-sign your will with wet ink in the traditional way (e.g have your will witnessed in the presence of two witnesses). If you do that, destroy/delete the one that was signed electronically. This is optional.
More Information
For more information, visit https://www.justice.vic.gov.au/electronicwitnessing