For Victorian law firms
Remote witnessing, properly recorded.
Victorian law allows a will to be signed and witnessed by video. Kellon guides each step of the session and keeps a record of how the will was witnessed.
- Built to section 8A
- Records what each witness saw
- Draft affidavit of due execution
- Sealed, kept on your file
TestatorSharing
WitnessWatching
Special witnessWatchingThe question
Clients are asking whether they can sign over video.
The harder question is whether the will holds up at probate. Without a settled way of doing it, declining has been the conservative answer, and a reasonable one.
The law
The law allows it, but the witnessing has to be provable.
Every participant can take part by video. In return, every step has to be followed, and shown to have been followed.
Witnessing, not signing
An e-signature shows a will was signed, not how it was witnessed.
The Act asks whether the witnesses could clearly see the will-maker sign. The Court has held that secure signing software does not answer that, because the test is what the witnesses saw.
What an e-signature shows
What a witnessing record shows
Will-maker at the signing deviceSharing
WitnessWatching
Special witnessWatchingIllustrative. Sample data only.
What Kellon does
Kellon runs the session and keeps the record.
Guides
Each step of the session, in order, so nothing rests on memory.
- Participants confirmed
- Will locked and displayed
- Signatures in order
Records
What happened, as it happens, not reconstructed afterwards.
- Who took part
- What each witness saw
- What was confirmed aloud
Keeps
The executed will and its evidence, verifiable whenever needed.
- Evidence package
- Affidavit prepared from the record
- Verifiable without us
Kellon supports workflow and record-keeping. It does not provide legal advice or replace professional judgement.
See a session from start to finish.
A walkthrough takes twenty minutes. We run a session as your special witness would, and show you the record it produces.