Summary of Principle Rules 2023

Legal Summary

• The Succession Act 2023 (SA) (‘Succession Act’) does not provide for e-signatures to execute a will under s 8.
• Regulation 6 of the Electronic Communications Regulations 2017 (SA) does not exempt the wills from its application.
• Therefore, s 9 of the EC Act allows for a will to be executed using an e-signature subject to complying with the rules in the Succession Act.

Practical Summary

• Wills can be electronically signed under s 9 of the EC Act provided the formalities under s 8 of the Succession Act are complied with.
• The e-signature must be made by the testator in the presence of two of more witnesses present at the same time.
• The witness e-signatures must be made in the presence of the testator, but not necessarily in the presence of each other.
• 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

Succession Act 2023 (SA)

Electronic Communications Act 2000 (SA)

Electronic Communications Regulations 2017 (SA)