If you signed your Will electronically during a COVID-19 lockdown, now is the time to have it reviewed.
Recent court decisions have shown that even small technical missteps with e-signatures or video witnessing could cause major problems for your estate.
Why are there new concerns about COVID-era wills?
In Victoria, making a valid will usually means signing a paper document with two witnesses present in person. This process helps to ensure your wishes are clear and protects against pressure or fraud. If these rules aren’t followed, your will could be challenged, and your wishes might not be carried out.
During the pandemic, emergency laws allowed people to sign and witness wills electronically (sometimes over video calls) because meeting in person wasn’t an option. This was a smart solution at the time. However, the process came with very strict, technical legal steps.
What’s the problem with e-signed wills?
A recent Supreme Court case showed how easy it is to trip up. In that case, the person making the will signed while his computer was just out of the camera’s view. The witnesses couldn’t clearly see him sign, even though the whole process was recorded. The court decided the will didn’t meet the legal requirements, and it almost didn’t count.
While the court allowed the will as an “informal” will in this instance, this isn’t guaranteed. Going through this process can mean:
- Significant delays and higher legal costs
- Extra work and stress for your executor
- Greater risk of disputes among family members
- The possibility that your will could be found completely invalid
What to do if your will was e-signed during COVID?
If your will was created or updated during a lockdown using electronic signatures or video calls, it’s wise to act now. Making a new will in person is the best way to avoid confusion, legal battles, and extra expenses for your loved ones later.
Peace of mind starts with an estate plan review
Having your will professionally reviewed, and re-signed in the traditional way if needed, gives you certainty that your wishes will be respected.
Contact BlueRock’s Wills & Estates team today via the form below to book a straightforward review. Avoid future estate headaches and protect your family’s future.
