27 July 2020

Virtual Will-making to become law

Thousands of people to benefit from legal changes that allow for Wills to be witnessed over video-calling apps

Securing an up-to-date and valid Will has always been crucial. Lockdown was a major barrier to this – social distancing and scores of vulnerable people self-isolating made it very tough to comply with the law. And the process, which has been governed by legislation dating back to the 1800s, remains problematic for those who need to keep isolated for their own safety.

In May this year we highlighted the issues facing clients and lawyers. Despite coronavirus, the ancient Will-writing laws still required the physical presence of two independent witnesses.

Imperfect solutions

Those making Wills recently have had to gather in gardens, pass documents through windows and even over hedgerows. And some have even struggled to find independent witnesses. That's left the finalisation of their Wills on hold and has risked the possibility of either dying without a Will, or with an existing Will which no longer reflects the deceased person's wishes.

Virtual Wills to be legalised

In a very welcome turn of events this week the Ministry of Justice has announced that via amendments to the Electronic Communication Act 2000 people will now be able to sign their Wills in the virtual presence of two witnesses, using video links such as Zoom or Skype.

If you've delayed making or updating your Will due to safety concerns, or because of the difficulty in finding two independent witnesses, this will allow even the most vulnerable to ensure their affairs are in order during these uncertain times.

Contact us

Need assistance making a Will or any other Will-related matter? Contact Probate Partner Lucy Butterfint ton 01507 430 622, or email her on lucy.butterfint@wilkinchapman.co.uk

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