The NSW Government has made changes to the requirements for witnessing documents as a result of the COVID-19 Pandemic.
Amendments to the Electronic Transactions Regulation on 22 April 2020 now allows for the signature of a document to be witnessed via an audiovisual link. The requirements are that the witness must see the person sign the document, however, this can now occur via an audiovisual link such as via Facetime, Zoom, or Microsoft Teams. The witness must observe the person signing and confirm this when signing as a witness. The witness must be reasonably satisfied that the document they sign is the same as the signatory.
In most cases, we would expect that the document would be signed, scanned, and emailed to the witness to countersign.
The types of documents that the new Regulation applies to include:
- a will,
- power of attorney,
- deed or agreement,
- enduring guardianship appointment,
- affidavit or statutory declaration.
While the preferred method for witnessing documents is face to face, in the current pandemic, this may not always be safe or possible, and we are pleased to offer signing and witnessing via audiovisual link to our clients.
Angus Edwards | Principal