NSW

Summary of principal Rules

• The Succession Act 2006 (NSW) (‘Succession Act’) does not provide for electronic signatures to execute a will.
• Electronic Transactions Act 2000 (NSW) (‘ET Act’) expressly allows remote witnessing of wills under Part 2B. This was amended under the Electronic Transactions Amendment (Remote Witnessing) Act 2021 (NSW).

Practical Summary

• The ET Act allows for the remote witnessing of wills, but does not alter the formal requirements under the Succession Act meaning 2 witnesses need to be present with the willmaker.
• So remote signing is more a convenience if the lawyer wants to be remote and witness the willmaker and 2 witness at the same location online.

see extracted Notes

Legislation

Succession Act 2006 (NSW)

Electronic Transactions Act 2000 (NSW)