The drafting of Wills is a complex business, so when the Prime Minister announced on 23rd March 2020 that life, for a while to come, will be socially distanced, shielding and self-isolating, in many cases made it impossible for a Will to be witnessed by two people.
Since 1837 legislation setting out how Wills should be signed in writing signed by the Will Maker or a nominated person if they are unable to sign, in the presence of two witnesses and that each witness must sign in the presence of the Will Maker and in the presence of each other……… This concept for the last 183 years has worked until Covid-19.
Impact Of Legislation Of Covid-19
On 28th September 2020, the Government announced a new legislation to allow Wills to be witnessed virtually using Video Conferencing Technology. The new legislation is retrospective and applies to Wills made since 31st January 2020 (which was the date of the first Covid case in England and Wales). The only exception will be where a Grant of Probate has already been issued and applied for.
The amended legislation will remain in place until 31st January 2022, although this may change depending upon developments with Covid-19.
Nantes’ Commitment To You And Change
At Nantes, we adopt a flexible approach and are committed to providing excellent client care. Whilst the legislation remains in force, anyone making a Will is able to use video technology to have their Wills witnessed if unable to sign in the usual way.
Regardless of what type of video equipment is used for the signing, it is vital that the Will is signed in real time. The Will Maker and the witnesses must also have a clear line of sight during the signing of the Will. Ideally, the witnesses should be together when witnessing via the video link. We pride ourselves on precision, accuracy and effectiveness of communication.
Potential Issues
There are many potential issues with virtually signed Wills. The Government has decided not to allow electronic signatures as part of this temporary legislation, due to the risks of undue influence or fraud.
Where There’s A Will, There’s A Way
Now that video witnessing is a legitimate way to execute a Will, the Government advises that the witnessing of Wills should only be used if the Will cannot be signed in any other way. Examples of this are witnessing through a window, an open door of a house or witnessing outdoors in a garden.
Making a Will is extremely important. During the Covid-19 pandemic, we have seen an increase in a number of people making a Will. Whilst here at Nantes, we are embracing the change in legislation that allows video witnessing of Wills. However this process should be approached with great care and only used as your last resort.
If you wish to discuss your Will, please contact Cordelia English or Miki O’ Leary
