Videoconferencing or visual transmission of wills

Key points

• Wills can be witnessed remotely by video-link.
• A temporary amendment of the Wills Act 1837.
• Care is needed when a will is witnessed by video.
• Following best practice should help to avoid problems.
• Consider whether the will should be re-executed later with physically present witnesses.

The government has recently introduced a statutory instrument permitting wills to be witnessed remotely. The Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order SI 2020/952 allows wills to be witnessed by ‘videoconferencing or other visual transmission’ (such as Zoom or Skype) while still complying with the requirements of the Wills Act 1837 s 9 (‘Signing and attestation of wills’) which requires the ‘presence’ of two independent witnesses.

For readers who are unfamiliar with its terms s 9(1) states: ‘No will shall be valid unless:

a) it is in writing and signed by the testator or by some...