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Virtual will signing how does it work

Caroline Billings
Partner – Head of Private Client
Wills & Probate Solicitor

Dawn Parkes
Partner
Wills & Probate Solicitor

The Government introduced a temporary amendment to the 183-year old Wills Act in September 2020 meaning that you can now use video-conferencing technology for the remote witnessing of wills as an alternative to physical presence.

There has been a large uprise in demand for wills over the last 12 months as the events of the pandemic continue to encourage many to ensure they execute valid wills and make future provisions for their family and loved ones.

However, for the many who have needed to isolate and shield throughout the pandemic, it has presented challenges to the legal witnessing and completion of wills. In recognition of this, and to improve accessibility, the new temporary rules allow wills made between 31 January 2020 and 31 January 2022 and witnessed via video link to be legally recognised.

What were the previous requirements?

The previous requirements to make a legally valid will were:

1. It must be in writing;

2. It must be signed by the person making it in the presence of two independent witnesses;

3. The witnesses must each sign it in the presence of the person making it.

One of the main challenges with the original legislation during the pandemic has been that because witnesses must not benefit from a will, it often rules out people living in the same household, therefore an alternate solution was required.

What are the changes?

The Wills Act 1873 has been amended to allow the ‘presence’ of those making and witnessing wills to include virtually, through a live video link, as an alternative to a physical presence.

Key requirements for signing and witnessing a will by video link

A special attestation clause to say it is being witnessed remotely is added to the will and the session should be recorded. If ever required, this confirms the validity of the will.

Conducted via live video link, it is essential for the video conferencing device (I.e. computer, laptop, tablet or smartphone) to be angled to provide witnesses with a clear view of the person making the will (the ‘testator’). This is so both witnesses can identify the testator and see them write their signature on the will.

After the testator has signed the will, it should then be taken to the two witnesses for them to physically sign. The process will be repeated with both witnesses signing the document on live video link, clearly viewed by the testator and the other witness.

Once this process has been completed by all three parties, and within 24 hours, the will becomes legally valid.

Please see the more detailed Step by Step breakdown of the new process at the bottom of this article.

It is worth noting that with the Covid-19 lockdown restrictions easing, the advice from the Government remains that where people can conventionally make wills, they should continue to do so.

Our Wills, Tax and Probate team will guide you through each stage of the process, ensuring your will is executed validly and with care and attention. Contact Managing Partner and Private Client Solicitor Dawn Parkes at [email protected] or call 01603 660 811 to arrange an appointment.

STEP Briefing Note: https://www.step.org/sites/def…

The Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020: https://www.legislation.gov.uk…

Video-witnessing wills. The Law Society: https://www.lawsociety.org.uk/…

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