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Can You Sign a Will by Video in Queensland?

A video consultation beside a printed will prepared for signing by two witnesses
A video consultation beside a printed will prepared for signing by two witnesses

Video calls can be used to obtain will instructions, but they do not remove the formal requirements for executing a conventional Queensland will. The final document should be signed and witnessed strictly in accordance with the Succession Act 1981 (Qld).

Instructions and capacity

A solicitor can meet the will-maker by video to identify wishes, discuss assets and beneficiaries, and assess whether further capacity evidence is needed. A private conversation may also help identify coercion or undue influence.

Remote instructions are only one part of the process. The solicitor should give precise execution directions and arrange an appropriate signing method.

Signing and witnessing

Section 10 requires the will-maker’s signature to be made or acknowledged in the presence of two or more witnesses who are present at the same time. At least two witnesses must then attest and sign in the will-maker’s presence.

A witness should be independent and able to see the will-maker sign or acknowledge the signature. Using a beneficiary or a beneficiary’s spouse can create avoidable complications.

Do not improvise the signing ceremony. A defect can force the estate to seek a Supreme Court order after death. Speak with our Wills and Estates team before signing if the will-maker is isolated, unwell or has fluctuating capacity.

See Also

This page provides general legal information only; it is not personal legal advice. Everyone’s situation is different, so please seek independent legal advice for your own circumstances.

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