The end of ‘Zoom Wills’ following a surge in Will disputes

For a Will to be legally binding, it must be signed by the person making it in the presence of two independent witnesses, who must also sign the Will.

The reason for this is that should someone later challenge the validity of the Will, the witnesses can testify that they watched the Will maker sign it.

Remote witnessing and the end of temporary measures

Usually, witnesses must be in the physical presence of the person executing the Will. However, when the COVID-19 pandemic hit in 2020, the periods of lockdowns introduced significant challenges in relation to how Wills could be safely witnessed. To ensure that Wills could still be made without breaking social distancing guidelines, the government introduced remote witnessing, which allowed people to witness a Will via video platforms such as Zoom and Skype.

In an already technology-dependent society, the temporary rules as to the remote witnessing of Wills were initially largely welcomed by many, as they made the Will-writing process more accessible for those wanting to plan their affairs. The measures, which have stayed in place until very recently, however, have resulted in a cause for concern for others. Lord Bellamy, the Parliamentary Under-Secretary of State for Justice, earlier this year declared an end to these temporary measures, considering that the unique circumstances that warranted the legal changes no longer exist. Lord Bellamy highlighted that the measures had been introduced as a last resort, noting the increased risks of formalities not being properly followed.

The impact of remote witnessing

Legal professionals have noted that the increasingly made ‘Zoom Wills’ have led to a rise in families contesting the validity of Wills. Recent figures show a surge in inheritance disputes since the pandemic. Between 2022 and 2023, a staggering 9,625 caveats (which prevent an executor from administering an estate) were entered, being the highest number in the last five years.

Common grounds for disputing the validity of a Will are that the person making it lacked the requisite mental capacity at the time of making the Will,  did not understand the extent of what they were giving away, and/or the person making it acted under the ‘undue influence’ of another person. ‘Undue influence’ involves a person being pressured or coerced into making, or changing, their Will.

When witnessing a Will remotely, it is more difficult to spot signs of concerns relating to capacity or influence. There could, for example, be a major beneficiary under the proposed Will nearby and out of view of the camera, pressuring the Will maker to sign the Will. It could also be more difficult to recognise signs of mental illness through a video, which may have been clearer to see in person.

Final thoughts

Whilst the special measures for remote witnessing have now come to an end, many families have been left to deal with disputes surrounding the validity of a family member’s Will. If you are sadly involved in such a dispute, please do not hesitate to contact our specialist contentious probate team.