ACT

Summary of Rules 2023

• The Wills Act 1968 (ACT) (‘Wills Act’) does not provide for e-signatures to execute a will.
• The Electronic Transactions Act 2001 (ACT) (‘ET Act’) does not exempt wills from its application . The use of e-signatures to execute a will under s 9 of the ET Act is subject to complying with the provisions of the Wills Act.

Practical Summary

• Wills can be electronically signed under s 9 of the ET Act provided the formalities under ss 9 and 10 of the Wills Act are complied with.
• The testators e-signature must be made in the presence of 2 or more witnesses present at the same time.
• Two or more of the witnesses must e-sign the will in the presence of the testator and each other.
• The position of the e-signature will not be invalid if placed at, after, following, under, beside or opposite the end of the will so long as it is apparent the testator intended to give effect to the will.
• The e-signature method must be able to identify the testator and witnesses and indicate their intention to execute the will.
• The e-signature method must also be reliable and appropriate for the execution of the will.
• The testator and signatory witnesses must also consent to the e-signature method being used to execute the will.

see extracted Notes

Legislation

Wills Act 1968 (ACT)

Electronic Transactions Act 2001 (ACT)