Wills Witnessed On Video Calls Made Legal From 28 September 2020

• Published date: 16 October 2020
• Subject Matter: Family and Matrimonial, Wills/ Intestacy/ Estate Planning
• Law Firm: Veale Wasbrough Vizards
• Author: Ms Leila Goodarzi

This summer, the Government announced that it would revise its Wills legislation in response to coronavirus (COVID-19) and from 28 September 2020 the necessary legislation to temporarily permit Wills to be witnessed by video conference...

... or other visual link will come into effect. Importantly, the legislation will have retrospective effect, so Wills witnessed by video link and made from 31 January 2020 will be legal.

or other visual link will come into effect. Importantly, the legislation will have retrospective effect, so Wills witnessed by video link and made from 31 January 2020 will be legal.

How Can My Will Be Witnessed Legally by Video Link?

This change is not without its challenges as the risk of not witnessing a Will correctly is to make an invalid Will. Be aware of the following:

• You cannot use pre-recorded video for this process. Live video is required of both signing and witnessing.

• There can only be one Will document There will be an inevitable delay in its completion, whilst it is delivered to both your witnesses for them to sign (again by live video link).

• Your Will is not valid until everyone has signed, resulting in an incomplete Will during this lag time This could present difficulties if, for example, you change your mind or lose capacity between signing the Will yourself and your witnesses signing. The Government's guidance states that the witnesses should ideally sign within 24 hours. The longer the process takes, the greater the risk of encountering difficulties.

• There is a risk of loss or damage when posting the Will.

• The whole process should be recorded if possible. There will be a minimum of two separate video recordings - one for you to sign the Will and the second for your two witnesses to sign, if they are together in the same room when they do so. If they are in...