Difference between revisions of "Making and Executing a Will (16:III)"

It will be possible to satisfy the writing requirement if the will is in electronic form. Section 37(4) says that an electronic will is a will for the purposes of this act. This means that wills can be signed and stored electronically.  The following are two scenarios of how an electronic will may be executed and witnessed:

The will-maker and the two witnesses are physically in the same room. They share an electronic drive that displays a PDF of the will. The will-maker signs the PDF will on the electronic device in the physical presence of the two witnesses, and then each of the witnesses sign the PDF in the physical presence of the will-maker.

Alternatively the will-maker and the two witnesses are all in different physical locations but are all in the same video conferencing “room”. For example, a Zoom room or a MS Teams room. The will-maker uses the screen sharing function on the video conferencing platform to share a live display of the will on their screen with the two witnesses. The will-maker then signs the will by electronic signature. The first witnesses then does the same, and the second witness then does the same.

After the electronic will is signed, it is recommended that the will-maker immediately save a complete signed electronic copy of the will as a PDF, lock the PDF from further editing and secure it in a secure location.

If a client seeks to execute or have their electronic will witnessed, please consult with the supervising lawyer prior to taking instructions or agreeing to help the client.