Contact: Michael James
From 22 April 2020, witnessing of certain documents in the NSW can be made through video conferencing …
Documents that can be witnessed through video conferencing
Only documents governed by NSW law can be witnessed through video conferencing. This includes –
Witnessing requirements outside NSW
Ordinarily, the witness has to be physically present and see you signing the document.
For example, executing an affidavit in the ACT requires the oath or affirmation to be taken in the presence of a lawyer or Justice of the Peace. Wills in general require two or more witnesses be present at the same time when the testator’s signature is made. A statutory declaration must be declared before an authorised person.
For documents not governed by the NSW jurisdiction, the usual requirements apply.
Requirements of video conferencing
The video needs to contain “real time” audio and visual information between the person and the witness. A document cannot be witnessed by a recording of you signing the document.
When witnessing a document through video conferencing
The witness on the other side of the video link must:
Be aware, witnessing through video conferencing would still require…
You are making a Will leaving properties in NSW.
You, alongside with two other witnesses, will switch on your webcams on your computers or mobile devices, where all three of you can hear and see each other through the electronic devices.
You will sign the Will.
The other two witnesses, having seen that you put your signature onto the Will, will:
For further information or specific advice, please contact Michael James or Rex Li or another member of the Commercial Group at Trinity Law on (02) 6163 5050 or email your query firstname.lastname@example.org and email@example.com
The information in this document represents general information, and should not be relied for your specific circumstances. If you require legal advice and assistance on the matters contained or associated in this document you should contact Trinity Law. Subject to the limits of the law, Trinity Law disclaims any liability on persons relying on this document.