Video-Witnessed Wills Legislation Extended To January 2024
Following recent news, Wills and Probate Solicitor Anna-Louise Bradley discusses the extension of video-witnessed Wills legislation…
The Ministry of Justice confirmed last week that the legislation governing the witnessing of Wills via video will be extended beyond the current 31st January 2022 deadline. This extension will be until 31 January 2024 in England and Wales.
My colleague, Charlotte Day wrote a blog back in August 2020 that discussed the introduction of this change in legislation. You can view it here.
The practice was authorised under legislation introduced in September 2020, under an amendment to the Wills Act 1837. This was made to cope with the COVID-19 pandemic.
The alteration in video witnessing Wills was backdated to January 2020. With many people isolating, being vulnerable or elderly the extension was welcomed by some legal practitioners.
The amendment stated that Wills must still be signed in the presence of at least two witnesses, but presence could be physical or ‘virtual’.
The Ministry of Justice stressed that remote witnessing via video technology should be a ‘last resort’, and physical witnessing should be used in preference where it is safe to do so.
Virtual witnessing is recognised only if the quality of the sound and video is sufficient to see and hear what is happening.
The Law Commission is considering potential reforms to the law around Wills, including whether to make these changes permanent.
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. During lockdown lawyers have had to adapt in finding ways to help clients sign their Wills. For example, standing on the outside of a clear house window to witness a person sign their Will, with the two witnesses being on the other side of the window.
If you would like to discuss making or updating your Will, please do not hesitate to contact me on 01283 214231. Alternatively, you can reach me by email at a.bradley@timms-law.com. Additionally, you can visit the Wills and Probate page of our website here.
January 2022