ABSTRACT
Executing a valid will during the COVID-19 pandemic can be difficult, given various economic and public health restrictions, including social distancing and lockdowns. For that reason, many states in Australia and the United States have implemented emergency measures to facilitate valid will-making during the pandemic. When societies can begin to look forward, the question is whether these temporary measures, which permit remote witnessing of wills, should become the ‘new normal’. Examination of these matters through the lenses of law in Australia and the US raises associated concerns about reliance upon real-time audiovisual technologies to satisfactorily assess testamentary capacity, as well as the importance of incorporating safeguards to adequately identify and prevent undue influence, the perpetration of fraud and/or elder abuse.
Purser, Kelly and Cockburn, Tina and Crawford, Bridget J, Wills Formalities Beyond COVID-19: An Australian-United States Perspective (October 26, 2020). 5 University of New South Wales Law Journal Forum (2020).
First posted 2020-11-06 10:56:43
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