Wills Formalities Beyond COVID-19: An Australian-United States Perspective

5 U. New S. Wales L.J. Forum (2020)

14 Pages Posted: 1 Nov 2020

See all articles by Kelly Purser

Kelly Purser

Queensland University of Technology - Faculty of Law

Tina Cockburn

Queensland University of Technology - Faculty of Law

Bridget J. Crawford

Pace University School of Law

Date Written: October 26, 2020

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 U.S. 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.

Keywords: wills, COVID, pandemic, testamentary capacity, witness, estate

JEL Classification: K1

Suggested Citation

Purser, Kelly and Cockburn, Tina and Crawford, Bridget J., Wills Formalities Beyond COVID-19: An Australian-United States Perspective (October 26, 2020). 5 U. New S. Wales L.J. Forum (2020), Available at SSRN: https://ssrn.com/abstract=3720055 or http://dx.doi.org/10.2139/ssrn.3720055

Kelly Purser (Contact Author)

Queensland University of Technology - Faculty of Law ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia

Tina Cockburn

Queensland University of Technology - Faculty of Law ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia

Bridget J. Crawford

Pace University School of Law ( email )

78 North Broadway
White Plains, NY 10603
United States

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