New rules on making wills using video-conferencing.

New laws will soon be in place to ensure that wills witnessed via video link are legally recognised in England and Wales. 

Reforms will be backdated to 31 January 2020 and will remain in place as long as necessary.

Currently, the law states that a will must be made ‘in the presence of’ at least two witnesses. However, Covid-19 has clearly made this a challenge for many and some people have understandably turned to video link software (such as Zoom, Microsoft Teams and Face Time) as a solution.

The updated legislation recognises that:

• An increasing number of people have sought to make wills during the Covid-19 pandemic, but for people shielding or self-isolating it is extremely challenging to follow the normal legalities of making a will.

• In response to this, the law (the Wills Act 1837) will be amended to state that whilst this legislation is in force, the ‘presence’ of those making and witnessing wills includes a virtual presence, via video-link, as an alternative to physical presence.

The legislation will apply to wills made since 31 January 2020, the date of the first registered Covid-19 case in England and Wales, except:

• cases where a Grant of Probate has already been issued in respect of the deceased person;

• the application is already in the process of being administered.

The type of video-conferencing or device used is not important, as long as the person making the will and their two witnesses each have a clear line of sight of the writing of the signature.

Detailed guidance is available on the government website which also provides example scenarios that would lead to a legally-executed will.

If you need a hand with your finances, you can contact a member of our team. This article offers information about financial planning and should not be taken as personal advice.