Here are some useful notes by Antunes Lawyers.
Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020
UPDATED 22 APRIL 2020
FURTHER TO OUR ARTICLE ON 1 APRIL 2020
Further to our article posted on 1 April 2020, new regulations were enacted on 22 April 2020 that allows a will, power of attorney or enduring power of attorney, a deed or agreement, an enduring guardianship appointment, an affidavit and a statutory declaration be witnessed by using an audio visual link.
An Audio visual link is defined as “technology that enables continuous and contemporaneous audio and visual communication between persons at different places, including video conferencing”. Online platforms such as Skype, Facetime & Zoom would all be classed as an audio visual link.
Section 2 (2) of this regulation sets out the requirements of the witness when signing the document by audio visual link, which includes that they are reasonably satisfied that the document the witness signs is the same document or a copy of document signed by the signatory. This allows the witness to sign the documents in counterpart.
These Regulations expire after 6 months after the day on which the regulation commences, or the earlier day decided by Parliament by resolution of either House of Parliament.
If you need to update your Will, Appointment of an Enduring Power of Attorney and/or Enduring Guardian and you cannot attend our office due to COVID-19 restrictions, you can now complete these documents without being physically present at our office.
Contact our Estate Planning team today at enquiries@antunes.com.au or phone us today on 02 9964 0499 to arrange a video conference.
The articles on this website comprise legal general information and not legal advice. The general information presented here must not be relied upon without legal advice being sought. In the event that you wish to obtain legal advice on the contents of this general information you may do so by contacting our office or your existing solicitor.