The remote witnessing of Wills is now permitted after major changes to the law; here’s everything you need to know.
Why was the law changed?
All Wills created in the UK must comply with section 9 of the Wills Act 1837. This requires the witnessing of a Will to be undertaken in the “presence” of the testator – for example, in the same room or at least in the “line of sight” of the signatory.
However, the Covid-19 pandemic and subsequent lockdowns made physical witnessing extremely challenging (and almost impossible in some circumstances), prompting urgent changes to the law.
What has changed?
Laid before Parliament on 07 September 2020 and approved on 28 September 2020, the Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020 changed the definition of “presence” to include “presence by means of video conference or other visual transmission”.
The changes will apply to all Wills made on or after 31 January 2021.
What does this mean for the witnessing of Wills?
Although it is advised that people should continue to make Wills in the conventional way when and where possible, the new rules allow for the video witnessing of wills to be performed. The following guidance may be useful for those considering this method:
- The type of video-conferencing software or device used is “not important”, providing the person making the Will and their two witnesses each have a “clear line of sight of the writing of the signature”. Only seeing the testator’s head and shoulders will not suffice.
- You should test the strength of all parties’ internet connection beforehand. Witnesses must be able to clearly see and hear the testator at all times.
- The attestation clause should reflect that remote witnessing has taken place.
- The video witnessing must be done in real time; pre-recorded videos will not be permissible.
- If possible, the whole video-signing and witnessing process should be recorded and shared with witnesses to prevent the Will from being challenged in court.
- Like physical witnessing, the person making the will must be acting with capacity and in the absence of undue influence.
- The Will should be signed (again) in-person as soon as it is safe and legally permissible to do so.
- The Government has created a step-by-step guide illustrating how video witnessing should be carried out. You can find it here.
For more help and advice on the video witnessing of Wills, please get in touch with our expert later life planning team today.