The COVID-19 pandemic brought uncertainty to the world. Although a difficult time, it was also an important time to consider whether your Will adequately reflects your wishes.
Government restrictions made it more difficult for everyone to complete their WIlls, however, as a result, the law in many States changed in response to allow electronic execution.
Regardless of how your Will is executed, it is important to ensure that you meet all other requirements to ensure that your Will is valid.
For your Will to be valid, it is important that you know the formal requirements in your State. Regardless of where you live, the minimum requirements for making a valid Will have not changed.
The formal requirements for making your Will are:
- You are over 18 years of age
- You are of ‘sound mind’
- The Will must be in writing
- The Will must be signed by you
- Your signature must be witnessed by two independent witnesses
- Your beneficiaries or spouse cannot be a witness to the Will.
Wherever possible, we recommend that you observe the formal requirements to ensure that your Will is valid. If your Will is not considered to be valid by a Court, it will have no legal effect and your estate will not be distributed in accordance with your wishes.
Legislation has been introcuded to allow alternative arrangements for the signing and witnessing of documents by videoconferencing applications (e.g. Zoom, WhatsApp, Skype, FaceTime etc.). You should explore these options in greater detail prior to signing.
It is important that anyone who made a new Will during the pandemic was aware of the legal requirements as the Courts are beginning to find that many were invalid and unenforceable.
No matter when you do make a new Will, make sure you let your loved ones know.
You can start making your LifeDocs Will now.
If you have any questions you can email us at [email protected].
Stay safe and well
The LifeDocs Team
