Hypothetical by Manny Wood published in the Coffs Coast Advocate on 9 May 2020.

Robert and Mary wish to seek legal advice in relation to their estate planning and have new documents drafted and executed.

Robert has been told by his doctor that in light of the coronavirus threat, he is in a high-risk category and it is important that he self-isolates and that he does not leave the house.

Mary contacts their solicitor and is advised that new regulations have recently been passed that allow documents to be witnessed via video link. The solicitor is happy to talk to Robert and Mary over the phone, to ascertain their particular circumstances and provide them with advice regarding their estate planning. They conduct a teleconference and at the conclusion, the solicitor advises them that drafts will be emailed to them for their review

The solicitor emails Robert and Mary their draft wills, powers of attorney and appointments of enduring guardian, which they print at home.

Mary and Robert are happy with the drafts and they schedule a further conference with the solicitor, this time using the video chat function on their smart phones.

During the video conference, the solicitor carefully reviews the documentation with Robert and Mary to ensure that it is in-line with their wishes and that all of the documentation is correct.

In the past, these documents needed to be executed in the presence of a face-to-face physical witness and in the case of wills, two witnesses.

The solicitor proceeds to the execution of the documentation under the new regulations, which require the solicitor and in the case of wills, a legal secretary, to observe the person signing the document via real time video link and “be reasonably satisfied that the document the witness signs is the same document”.

After observing Robert and Mary execute the documentation, counterparts of the documents are signed and endorsed as being executed pursuant to the Electronic Transactions Regulation.

If you would like Manny to address a particular legal issue, send your request to manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.