The effects of coronavirus on your legal rights and our service.

Complete the form below to ask us a question or make an enquiry. We’ll get back to you via phone or email as soon as possible.

Insights

Can Wills be witnessed virtually?

Posted on 22nd July 2020 in Probate & Wills

Posted by

Gráinne Staunton

Partner and Solicitor
Can Wills be witnessed virtually?

During lockdown we have all had to adapt our ‘normal’ way of doing things to deal with the changes. The same has been true of the process of witnessing Wills, with many of our colleagues having to help act as witnesses through windows, in gardens and even in drive-by meetings.

It is the Wills Act 1837 which governs the formal, legal steps needed to ensure that a Will is valid. Generally, this requires two witnesses to watch the Will-maker sign the Will and then to sign the document themselves ‘in the presence’ of the Will-maker.

As the Act is around 183 years old, it is unsurprising that the Victorians did not anticipate how it is now possible to be in someone’s ‘presence’ virtually, through Skype or Zoom.

So, is a Will witnessed over Skype valid? The answer so far has been no, for those of us in England and Wales. Scotland, on the other hand, has dealt with things differently.

But a recent Telegraph article now suggests that all this may be about to change for England and Wales, too. So, is it right that the Ministry of Justice will allow Wills to be witnessed remotely during lockdown? As a firm we are always keeping up to date with the most recent changes in law, and with the recent 'Wills through a window' to help during lockdown, we will be sure to keep updated on the changes to virtual witnessing.

 

If you need any help or advice with your current Will, or are looking to put one in place and would like to talk to one of our dedicated team, then please visit our specialist Wills hub page or contact a member of the team.

Contact the team

Company & Industry

Related Insights

Insights

Statutory Wills

Posted on 27th June 2022 in Probate & Wills

A marriage can be held to be voidable under the Nullity of Marriage Act 1971 where a person enters into a marriage without the mental capacity to do so.

Posted by

Sue Halfyard

Partner & Chartered Legal Executive
Insights

What happens if you do not make a Power of Attorney?

Posted on 16th June 2022 in Probate & Wills

Are you thinking about appointing someone to help with your affairs, either now or in later life? Are you worried about what might happen if you are no longer able to deal with things yourself? It may be a relief to know that there are options available, if you do lose the capacity to manage your affairs yourself or simply feel that you need a helping hand.

Posted by

Emma McAdam

Solicitor