Daniel Watson and Julia Richards examine Wills to be witnessed by video link in The Times

Daniel and Julia’s article was published in The Times, July 2020, and can be seen here.

Daniel Watson, Associate, and Julia Richards, Partner in our Private Client department, explain that the government has now confirmed Wills can legally be witnessed over video calls like Zoom or FaceTime.

This change, which applies to Wills made from 31 January 2020, is a big step forward, especially for people who couldn’t meet in person during the pandemic.

Until now, the law required two people to be physically present when someone signed their Will, or it wouldn’t be valid. That meant some people’s final wishes might not have been followed if they couldn’t meet those rules.

Although video-witnessing is now allowed, it should only be used when absolutely necessary, and the process must be done carefully, ideally within 24 hours, to avoid problems, like the person passing away before the Will is fully signed.

There are still concerns about fraud and pressure being put on vulnerable people, which is why electronic signatures (like typing your name or using a digital tool) aren’t allowed yet. But with better technology and legal protections, we might see fully digital Wills in the future.

The Law Commission is already looking into this, and their recommendations are expected soon.

Read the full article on The Times website [subscription required].