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Wills made during COVID-19 challenged by courts

Documents signed electronically are being ruled invalid, forcing people to redo them to avoid problems.

Courts are ruling that wills signed electronically and witnessed in video conferences are “informal” because all witnesses could not “clearly see” the will makers’ signature being done.

An informal will is considered by courts to be invalid, leading to potentially lengthy and expensive delays for beneficiaries attempting to claim their inheritance and long-drawn redrafting of wills for living will makers, or testators, who need to have their wills freshly signed and witnessed. Wills signed electronically during COVID-19 are increasingly being contested in the courts or reviewed by the will makers’ solicitors amid concern they do not stand up.

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Duncan Hughes was a reporter at The Australian Financial Review

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    Original URL: https://www.afr.com/wealth/personal-finance/wills-made-during-covid-19-challenged-by-courts-20230405-p5cycj