An interesting article was published in The Australian today on electronic execution of documents (read it here).

These times of COVID-19 restrictions have brought urgently to the forefront the need for law reform in the execution and witnessing of wills and enduring powers of attorney.

Last week, the Queensland Registrar of Titles directed that for instruments that must be executed urgently, but traditional witnessing is not possible because of COVID-19 related quarantine or isolation, it is acceptable for the witness to view the individual signing the instrument via some form of video link. However, the Land Title Act 1994 has a specific power that allows the Registrar to make such a direction. There is no equivalent for Wills or EPAs.

I know that the Bar Association and QLS are working with the Attorney-General and the Supreme Court to address these issues. Hopefully something will be forthcoming soon.

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