On 22 April this week our Chief Justice of the Qld Supreme Court, Justice Holmes, issued a Practice Direction dealing with the execution of Wills during COVID-19. The effect of this is that the phrase below which I referred to in my article, that of 2 independent witnesses "being in the prescence of" the testator when signing a Will, can now include by way of video conferencing as opposed to a physical prescence. There is certain evidence that must be produced to the Registrar at the relevant time the Will comes into effect following the death of the testator, however it now paves the way for practitioners to forge ahead with witnessing Wills in this format, under this umbrella. I would expect further changes in Qld in the coming weeks to mirror the recent changes in NSW, to deal with Enduring Powers of Attorney, which to date still cannot be signed electronically. Ever evolving times!
Posted By Despina Priala
Despina Priala has practised in property and commercial law on the Gold Coast for over 25 years and has extensive experience in this area.
Updated : 18th June 2022 | Words : 155 | Views : 229