Video witnessing a Will has become a particularly significant topic in the UK during the course of the Covid-19 pandemic. Laura Richardson explains how video witnessing a Will can be achieved in her latest article . . .

In order for a Will to be valid under UK law, the signing of the Will by the Will-maker (“Testator”) must be witnessed by two suitable persons who then sign to confirm that the Will was signed by the Testator in their presence. Under the current law, each witness must have a ‘clear line of sight’ of the Testator as they sign their Will and case law precedent already exists to allow witnessing to take place through a window. Other examples of acceptable scenarios include witnessing through an open door, corridor or adjacent room, or at a short distance away outdoors, all providing that the Witness can still declare that they had a clear line of sight.

However, due to an increase in the number of people wishing to make a Will during the Covid-19 pandemic, as well as the potential difficulties faced by the Testator and witnesses during this uncertain time, the Government have amended the Wills Act 1837 to allow for a Will to be “virtually” witnessed to safeguard those who are self-isolating or shielding during this time. The change applies to Wills and Codicils made between 31st January 2020 and 31st January 2022 and allows for “distanced witnessing” to take place via video-link. The signing must be witnessed in real-time; pre-recorded signings cannot be validly witnessed. Where possible, it is advisable to record the signing and witnessing footage in order to prove that the Will was validly witnessed and therefore protect the Will from being challenged on this after death.

A comprehensive step by step process for virtually witnessing a Will is available at https://www.gov.uk/guidance/guidance-on-making-wills-using-video-conferencing

It is important to note that whilst Wills witnessed via video conferencing is currently being legally recognised, due to the complex nature of the required process involved, the Government advice is that video witnessing should only be used in situations where it is not safe for the Testator and the Witnesses to be physically present together during the signing of the Will. There are also further security concerns regarding the lapse in time between the Testator signing the Will and the Will then being transported or posted to each Witness in order for each Witness to then sign the document, which must also take place via video-link. Furthermore, as virtual witnessing potentially makes the entire signing process so much longer this increases the chances that the Testator could die before the Will has been validly witnessed causing further legal ramifications. It is therefore advisable to consult with an experienced professional before having your Will witnessed via video-link.

At Andrew Douglas Wills & Legal Services we offer a fully remote Will writing service and, as experienced specialists in this area of the law, you can be sure to receive an expert service along with ‘up to the minute’ advice regarding how best to ensure that your Will meets current witnessing requirements during the Covid-19 pandemic. For further information and to arrange your free initial consultation call Andrew Douglas Wills & Legal Services today!

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