Video Witnessing Wills

The Ministry of Justice recently announced that there will be new legislation in September 2020 which will legalise Wills that have been signed during the Covid-19 lockdown by video and future Wills that are signed in this way.

The proposed legislation will be backdated to 31 January 2020 and will continue to be in force until 31 January 2022, or for however long is deemed necessary.

Why is new legislation needed?

Lockdown has presented Will writing Lawyers with many challenges. Thankfully, we are an adaptive bunch and we have been having telephone/video calls with our clients to take instructions and we have found creative ways to sign the Wills during the lockdown.

What are the rules for signing a Will?

Section 9 of the Wills Act 1837 sets out the law on how to correctly sign a Will.

In brief, the person making the Will (the testator) must sign it (or give direction to someone else to sign it on his behalf in their presence) in the presence of two witnesses, who must also sign the Will at the same time or acknowledge his signature in the presence of the person making the Will (but not necessarily in the presence of the other witness).

As the law sets out that both witnesses must be present when the testator signs, lawyers have had to get creative in finding ways to help clients sign their Wills during lockdown.

How have Wills be signed during lockdown?

Many of us have been relying on case called Casson v Dade from 1781 in which a lady fell ill whilst signing her Will and was taken outside to her horse and carriage. It was held that her Will was valid because she could look through the window and see her witnesses signing. As a result, we have been signing Wills with our shielding clients through windows.

What is going to change?

The detail of the new legislation is unknown as it has not yet come into force, however we understand that it will enable people to sign their Wills over a video call with their witnesses. The legislation will help those who really do have no alternative means to sign their Will and it will also give some certainty to those who have already signed their Wills in this way during lockdown.

There are plenty of questions surrounding the detail of the legislation and the safeguards that will need to be put in place to protect vulnerable clients, which we hope will be addressed in the coming months. For now, more information can be found here on the Government’s website: https://www.gov.uk/government/news/video-witnessed-wills-to-be-made-legal-during-coronavirus-pandemic

In the meantime, if you would like more information about making your Will and Lasting Powers of Attorney, please do not hesitate to contact me on 01530 564 498 or c.day@timms-law.com.

Charlotte Day
August 2020