Remote signing and witness of legal documentation in effect in NSW

Published 17 Jul 2020

The novel coronavirus has changed lives for many, creating a "new normal" in terms of the safety precautions we take in the workplace environment, in care facilities and out in public, in general. But beyond using video conferencing to chat with co-workers or complete a health assessment with your doctor, you may now complete emergency documents remotely as well. According to Davies Collision Cave, as reported by Mondaq, various states and territories across Australia have put in place a temporary emergency response for signing legal documents electronically and through audio witness.

The details

Introduced as the COVID-19 Legislation Amendment (Emergency Measures) Act 2020 (NSW), the regulation allows a person to witness certain legal documents by audio visual as an effort to follow proper social distancing measures in response to the pandemic. Under the Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020, certain states and territories are allowed to participate in the following for six months after its April 2020 start date:

  • Provide legal documentation that requires a witness to be done via audio visual link.
  • Provide tasks in relation to witnessing said documentation be done via audio visual link.

In NSW, residents may use audio and video witnessing in signing legal documents such as deeds, power of attorney, enduring guardianship, statutory declarations, affidavits and wills. These remote witnessing measures will expire 22 October 2020.

Call GMP if a will dispute comes into play

Contesting wills at any point can be an overwhelming and confusing action, but it can be even more stressful during a global pandemic. If you or someone you know is in the process of disputing a will during these strange times, contact the will dispute lawyers at Gerard Malouf & Partners Compensation.

With over 35 years of experience, we are confident that we can help you contest a will, no matter how torrential the waters may be at this time. Currently, we have a fix-fee arrangement that can reduce or eliminate financial exposure and risk for all of our will and inheritance dispute clients, which means we can offer some peace of mind during these strange times as you navigate the ins and outs of contesting a will.

For more information, reach out to us directly today at 1800 004 878 and we can arrange an appointment to discuss your situation.

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