What are the key requirements for an electronic Will to be valid in Australia?

For an electronic Will to be valid, it must meet the formalities outlined in the relevant state or territory legislation, including clear intent to create a Will, electronic signing by the testator in the presence of at least two witnesses (who may also sign electronically), and use of a reliable eSignature platform that ensures authenticity and integrity. Compliance with the Electronic Transactions (Victoria) Act or equivalent in other jurisdictions is essential to avoid challenges to validity.

Are there any anticipated changes to electronic Will signing laws in Australia by 2026?

By 2026, further harmonization of electronic Will laws across Australian jurisdictions is possible, building on reforms in states like New South Wales since 2020. However, no nationwide uniform law exists yet, and changes would likely aim to standardize requirements under the Australia-wide Electronic Transactions framework. Legal advice specific to your state is recommended to stay updated on any legislative developments.

Is it legal to sign a Will electronically in Australia in 2026?

Shunfang

2026-02-27

3min

FAQs

In Australia, the legality of electronically signing a Will in 2026 depends on the jurisdiction. As of current legislation, states like New South Wales, Victoria, and South Australia recognize electronic Wills under specific conditions, such as using secure electronic signature methods compliant with the Electronic Transactions Act. Other states may still require traditional wet-ink signatures. It is advisable to consult local laws or a legal professional to confirm requirements for your jurisdiction in 2026.

Shunfang

Head of Product Management at eSignGlobal, a seasoned leader with extensive international experience in the e-signature industry. Follow me on LinkedIn

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