The following steps must occur on the same day and within Victoria:
(These steps can be recorded where all parties consent to a recording being made.)
Step 1
The witnesses see the will-maker (or substitute signatory) sign the will or codicil (by audiovisual link or in person). If there is a substitute signatory the witnesses must also see and hear the direction of the will-maker to the substitute signatory.
Step 2
Any witnesses physically present with the will-maker (who are not the special witness), must sign the instrument next and do so in accordance with the existing requirements of witnesses under the Wills Act 1997.
Step 3
A copy of the will or codicil is sent by electronic communication to any remote witnesses who must:
– be reasonably satisfied that the will or codicil is the same document
that the will-maker (or substitute signatory) signed;
– ensure that there is a statement on the will (this can be written or
typed) that the witness witnessed the will by audio visual link in
accordance with the remote execution procedure; and
– sign the will or codicil (either by electronic signature or with a
handwritten signature) in view of the testator via audio visual link.
Step 4
The special witness must fulfil the requirements of an ordinary witness (above). Special witness includes a lawyer or justice of the peace.
The special witness must be the final signatory, and must only sign the document after:
– checking the will or codicil for compliance with the remote
execution procedure, and
– ensuring that there is a statement on the will or codicil (this can be
written or typed) setting out:
– whether the will or codicil was signed and witnessed in
accordance with the remote execution procedure,
– that they are a special witness and include their
qualification as a special witness, and
– whether to their knowledge, an audio-visual
recording was made of the remote execution procedure.
If a will is to be altered, revoked or revived, the same procedures above apply.
Which document is the will?
The will or codicil which has been checked and signed by the special witness (who must be the last witness) is the completed will or codicil.
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