Summary of Principle Rules 2023

Legal Summary

• The Succession Act 1981 (Qld) (‘Succession Act’) does not provide for electronic signatures to execute a will.
• The Electronic Transaction Act 2001 (Qld) (‘ET Act’) allows for the use of electronic signatures under s 14 to for electronic communications.

Practical Summary

• Wills can be electronically signed under the ET Act provided the formalities under s 10 of the Succession Act are complied with.
• The e-signature must still be witnessed by 2 witnesses present at the same time and signed by at least two witnesses.
• The e-signing method must be able to confirm the identity of the testator and witness signatories and indicate their intentions of executing a will.
• The method must also be reliable and appropriate for the execution of a will and the testator and signatory witnesses must provide consent to the identification and intention requirement being met.

see extracted Notes

Legislation

Succession Act 1981 (Qld)

Electronic Transaction Act 2001 (Qld)