Coronavirus and Wills

Published: 14/04/2020
Written by Curwens Solicitors

The execution of Wills has remained the same for nearly two hundred years but with technology shaping the way we deal with most aspects of our lives, is now the time for change?

Many people are having difficulties in signing their Wills due to the imposed social distancing rules.

Whilst it is possible for a Testator (person making a Will) and witnesses to stand on different sides of a window when signing a Will, it is still not clear whether a witness could instead watch via video link.

According to The Law Society in England and Wales: “Under the Wills Act 1837, it is not permitted to witness a will via video messaging as a witness must be physically present, however it is possible to supervise the signing of a will using electronic means where you are not acting as a witness to the will.”

A different view has been taken by The Law Society of Scotland which has suggested that this procedure is acceptable for a validly executed Will.

Is it possible that this global pandemic will force the government to make changes in the law to authorise video execution or to allow the use of informal “privileged Wills”?

Contact our Wills Solicitors

Call us on 0808 164 8532, or fill out our online enquiry form.

Please note that our briefings are for informational purposes only, and do not constitute legal advice.

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