The government has announced that it is legalising the remote witnessing of a will. This will make things much easier for people to record their final wishes during the current pandemic.
Currently, the law states that when making a will, it must be made ‘in the presence of’ at least two witnesses. However while isolating or shielding some people have understandably turned to video link software as a solution
– for example via platforms such as Zoom or FaceTime. The government have now acted to reassure the public that wills witnessed in such a way will be deemed legal, as long as the quality of the sound and video is sufficient.
This has been announced as a temporary measure – to be in force until 31 January 2022. The legislation will come into effect in September and be backdated to 31 January 2020. The view from most is that creating a will and having
it witnessed via video technology should remain a last resort and people are advised to stick to the old-fashioned principles of witnessing a Will.
As solicitors specialising in wills, we continue to monitor the changes being made to the will writing process, one of our main concerns is the storage of any video data and what happens if a format is used which proves incompatible. In the meantime, we will continue to adopt the flexible procedures that we have used for the last four months with a high degree of success.
If you require any information on making a will visit: https://www.herrington-carmichael.com/expertise/wills-trusts-probate/or if you would like to speak to a member of our Private Client team.
Email us: info@herrington-carmichael.com
Call us: 01276 686 222
