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COVID-19: Electronic witnessing and attestation: Wills, Enduring Powers of Attorney, Appointments of Enduring Guardian and more

Karina Penfold, ||

As an update to my Blog on 27 March 2020, the NSW Government has taken the lead in passing the Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020.

What does this mean?

Effective from 22 April 2020, the following documents, which previously required parties to be physically present at the same time, can be witnessed via video conferencing:

  • Wills;
  • Powers of Attorney (including Enduring Power of Attorney);
  • Appointment of Enduring Guardian documents;
  • A deed or an agreement; and,
  • A sworn statement, such as an Affidavit or Statutory Declaration.

It is now also possible to confirm or verify the signatory’s identity via video conferencing.

If you need to update your Will, Enduring Power of Attorney or your Appointment of Enduring Guardian documents, please get in touch with Coleman Greig’s Estates & Succession Team as soon as possible to have these documents prepared, signed and witnessed all whilst you stay at home!

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