During New Zealand's COVID-19 lockdowns, many people signed or updated their wills remotely using video conferencing platforms such as Zoom, Microsoft Teams and FaceTime.

Temporary legislation was introduced to allow wills to be signed and witnessed by audio-visual link when meeting in person was not possible.

Wills that were correctly signed using this process remain legally valid. However, several years have now passed, making this a good time to review any will signed remotely during the COVID-19 period.

A review can help confirm that the correct signing process was followed and, just as importantly, that your will still reflects your current circumstances and wishes.

What changed for signing wills during COVID-19?

Ordinarily, a will-maker must sign their will in the physical presence of two witnesses, who must also sign in each other's presence.

During the COVID-19 epidemic, the Government introduced temporary changes to the usual witnessing requirements under the Wills Act 2007.

These changes allowed wills to be signed and witnessed using an audio-visual link, with the will-maker and witnesses potentially in different locations.

Provided the required process was followed correctly, these wills were legally valid and did not automatically need to be re-signed when the temporary measures ended.

What can go wrong with a will signed remotely?

While remote signing provided a practical solution during lockdown, the process was more complicated than many people realised.

Strict compliance with the temporary rules was important, and problems can arise when applying for probate if the correct procedure was not followed.

Issues can include:

• witnesses not signing the will during the same audio-visual session as the will-maker
• errors in the witnessing procedure
• attestation clauses that did not record that the will was signed and witnessed using an audio-visual link.

If the correct procedure was not followed, the will may not comply with the modified legal requirements. An application under the Wills Act 2007 may then be required to have the document validated.

Why does this matter?

Problems with the signing of a will may not become apparent until after the will-maker has died and the executor applies to the High Court for probate.

If the will is not accepted for probate, additional Court applications may be required.

This can result in:

• delays in administering the estate
• additional legal costs
• increased complexity for executors and beneficiaries
• uncertainty for family members at an already difficult time.

The costs of resolving these issues will generally be borne by the estate.

Is a will signed electronically during lockdown still valid?

A will that was properly signed and witnessed under the temporary COVID-19 rules remains valid. It does not need to be replaced simply because it was signed remotely.

The important question is whether the required process was followed correctly.

If you are unsure, having your will reviewed by an estate planning lawyer can help identify any potential issues now, rather than leaving them for your executor to resolve later.

Should you re-sign your lockdown-era will?

Even if your will was correctly signed during lockdown, there are other good reasons to review it.

For many people, life has changed considerably since 2020 and 2021. Your relationships, family circumstances, property ownership, assets or financial affairs may be different today.

Reviewing your will gives you an opportunity to check that:

• it complies with the relevant legal requirements
• there are no concerns about how it was signed or witnessed
• your executor is unlikely to face avoidable complications when applying for probate
• your chosen executors and beneficiaries are still appropriate
• your will continues to reflect your current circumstances and wishes.

You may decide that simply re-signing your existing will is appropriate, or that your circumstances have changed enough that it makes sense to prepare a new will.



Have your will reviewed

If you signed your will remotely during the COVID-19 lockdowns, now is a good time to check that everything is in order.

A straightforward review today could save your executor and family considerable time, expense and uncertainty in the future.

Our experienced Wills & Trusts team can review your existing will and advise whether it should remain as it is, be re-signed or be replaced with a new will.

Talk to our Wills & Trusts team about reviewing your will.

FAQs about wills signed during COVID-19