Last wills go hi-tech in age of coronavirus

The state’s Chief Justice has introduced a new court rule making it easier for wills made during the coronavirus pandemic, without witnesses physically present, to be approved.

QUEENSLAND’S Chief Justice has introduced a new court rule making it easier for wills made during the coronavirus pandemic, without witnesses physically present, to be approved.

People isolated by COVID-19 will be able to make “corona wills” after the State Government on Wednesday introduced a COVID-19 emergency response Bill.

Coronavirus Qld: Laws to enable ‘virtual’ witnessing of wills

It allowed for the wills of sick or isolated people to be signed and witnessed remotely, via videoconference.

Chief Justice Catherine Holmes yesterday issued a new practice direction allowing a registrar to approve a will signed without witnesses present, under certain circumstances.

Queensland’s Succession Act requires two witnesses to be physically present for a will signing.

The new Supreme Court direction says a registrar can approve a will if the person made it in the presence of one or two witnesses via video conference.

The registrar has to be satisfied that a solicitor drafted the will, supervised the witnessing or was a witness.

The witnesses also had to identify the documents being signed.

The registrar also would need evidence that the reason the will was being witnessed via video conference, without witnesses physically present, was because of COVID-19.

That could include people making the will being under government-enforced or recommended or self-imposed isolation or quarantine.

The new court direction only applies to wills made between March 1 and September 30, this year.

Charlie Young of Bennett & Philp said the court direction essentially meant that people would be able to make “corona wills” knowing there was a very good chance they would be approved.

“It is unclear at this stage what is meant by ‘video conference’,” Mr Young said.

“Presumably this includes where a witness is on a mobile phone application such as Skype, Zoom or FaceTime and witnesses the will-maker’s signature that way.”

Mr Young said the change would prove very useful during the pandemic, but was not a sign that everyone could get coronavirus wills witnessed by a friend using a mobile phone.

Lawyer Ian Bartels welcomed the new COVID-19 law and court direction, but he said a solicitor would still have to ensure a sick client making a will was signing the correct document.

He said he would recommend that a person who made such a will during the pandemic make a properly-witnessed will in a solicitor’s office once free from isolation or quarantine.