The government introduced new legislation at the end of September to permit wills to be witnessed by video conferencing, for an initial period between 31 January 2020 and 31 January 2022.
It has been highlighted that during the COVID-19 pandemic, there has been an increasing number of people looking to write Wills, and the difficulties experienced by those who are shielding or self-isolating. Therefore, the Wills Act 1837 is to be amended to allow for witnessing to take place using a video call.
The amendment to the Wills Act 1837 will apply to Wills made since 1st January 2020, the date of the first registered COVID-19 case in England and Wales, (although not where a Grant of Probate has already been issued or if the application is already in process). The amendment is expected to remain in place until 31st January 2022.
How does the virtual Will signing work?
- All parties (the testator, two independent witnesses and the Will Writer) should be present on the same call and see one another.
- The Will Writer should obtain permission from all parties that they are happy for the witnessing and signing to be recorded (the recording is to be safely stored and will only be used to assist the Courts in the event that the Will is challenged at a later date).
- The Will Writer should hold the front page of the Will to the camera and then turn to the signing page and hold this up for all parties to see.
- When signing, the testator should state that “I [first name], [last name], wish to make a Will of my own free will and sign it here before these witnesses, who are witnessing me doing this remotely”.
- The witnesses must see the testator signing the Will and must confirm that they have watched the testator sign.
- The witnesses should also confirm that they can see, hear, acknowledge, and understand their role in acting as witness for the Will signing. The witnesses can be from the same household or via additional video link.
- The Will should then be taken to the witnesses for them to sign. Guidance currently states that it should be within 24 hours of the testator signing the Will.
- The testator and the Will Writer must also be able to see the witnesses sign the Will.
- The witnesses should hold up the Will to the Will Writer and sign it. Alternatively, the witnesses can hold up the Will where it has been signed and confirm it is their signature.
- If the two witnesses are not from the same household, there must then be an additional video call, for the testator, other witness and the Will Writer to see the Will being signed.
For those of you looking to make a will now, our advice is likely to be to continue with the tried and tested method of signing your will in the physical presence of your witnesses where it is safe to do so, and to view the new method as an option of last resort.
For expert advice, speak to our friendly Will Writing team today.