Witnessing of Wills in the present climate

Trusts Discussion
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If a willmaker has sufficient links to another jurisdiction, the potential for a will to be validated pursuant to the laws of that jurisdiction could be an option.

For example, in New Zealand, it is possible for apply for an order that a “document” is valid as the last will of the deceased pursuant to the Wills Act 2007. Such a “document” can be a text message, video or any form of electronic document; there is no obligation for it to be on paper. Notes taken by a solicitor have been successfully ordered to be a will. If such an order isgranted, an application can then be made for New Zealand probate of the validated will.

Lee Harris
Foley Hughes, New Zealand

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It may help that one of the attesting witnesses can double as the person who signs at the direction of the testator (see Encyclopaedia of Forms & Precedents, Vol 42(1), 699 (footnote 4)). So two people outside the window should suffice.

Ben Leach
Molesworths Bright Clegg