Signing a Will in NSW: A Step-by-Step Guide

A will is an essential legal document that outlines the distribution of your assets and property after your death. In New South Wales, the signing of a will must follow strict rules to ensure it is valid and enforceable. In this article, we’ll go over the steps for signing a will in New South Wales, including electronic will signing.

Steps for Signing a Will in New South Wales:

1. Write the will: A will must be written on paper or in electronic form.
2. Sign the will: The person making the will (the testator) must sign the will or make a mark if they are unable to write.
3. Have witnesses sign the will: Two witnesses must also sign the will in the presence of the testator. The witnesses must not be beneficiaries under the will.
4. Witness the signatures: The witnesses must sign in the presence of the testator and each other.
5. Be of sound mind: The testator must understand the nature and effect of making a will and the extent of their assets at the time of signing.
6. Date the will: The date of the will should be written on the document.
7. Keep the will safe: The original will should be kept in a safe place, such as a solicitor’s office or a bank.

Electronic Will Signing in New South Wales:

The signing of a will in New South Wales can also be done electronically. The Electronic Transactions Act 2000 (NSW) permits electronic signatures and documents, including electronic wills, as long as they meet certain requirements. To be valid, an electronic will must:

1. Be in writing: The will must be in a form that is capable of being read by a person.
2. Be signed electronically: The testator must sign the will electronically, using a secure method that can accurately identify them.
3. Witnesses must sign electronically: The witnesses must also sign the will electronically, in the presence of the testator.
4. The signature must be witnessed: The signature of the witnesses must be witnessed in accordance with the signature requirements for a paper will. 

Electronic wills have not yet been widely adopted as they are yet untested in court. Therefore, they are generally used only used in limited circumstances. Here at Eleven Legal we have the expertise to explain these circumstances with you and allow you to sign your will with confidence. 

Seek Legal Advice for Signing a Will in New South Wales:

It is important to seek legal advice when making a will to ensure that it complies with the laws in New South Wales and meets your specific needs and circumstances. An invalid will can cause significant problems for your loved ones after your death, so it is important to ensure it is properly signed and executed. Here at Eleven Legal we can help with the drafting and execution of both paper and electronic wills in New South Wales depending on your circumstances.

Signing a will in New South Wales requires careful attention to detail and strict adherence to the rules. Whether you choose to sign a paper will or an electronic will, it is important to follow the requirements set out by the Electronic Transactions Act 2000 (NSW) to ensure that the will is valid and enforceable. Contact us at Eleven Legal for assistance with the drafting and execution of your will and other estate planning needs.