Documents that require independent witnesses such as a Will and Power of Attorney were frustrated by the impact of social distancing measures and coronavirus.

To assist with this the NSW Government on 22 April 2020 have brought regulations under the Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020 (NSW) to remove the requirement that a witness be physically present when witnessing the execution of these documents. As such, the following documents can now be witnessed by audio visual link like Zoom, WhatsApp, Skype and FaceTime:

• a Will
• a Power of Attorney or an Enduring Power of Attorney
• an Appointment of Enduring Guardianship
• a Deed or Agreement
• an Affidavit (including an annexure or exhibit to the affidavit)
• a Statutory Declaration.

Please do not hesitate to contact us for assistance with your estate planning and estate administration needs including assistance with using these new regulations to have your documents witnessed.

This publication is © Nexus Law Group and is for general guidance only. Legal advice should be sought before acting in relation to any specific issues.