Virtual witnessing. This practice suddenly became very important for Will writing during the course of the past 15 months in the jurisdiction of England and Wales. With that in mind, Laura Richardson’s latest article considers just how safe the process of virtual witnessing actually is to avoid potential challenges arising after the owner of the Will dies . . .

Under UK law the signing of the Will must be witnessed by two suitable persons. However, due the potential difficulties faced by both the testator and witnesses during the Covid-19 pandemic, the Wills Act 1837 was amended to allow for a Will to be “virtually” witnessed in order to allow those who were self-isolating or shielding to have their Will properly executed. Virtual witnessing is to be legally accepted for Wills and Codicils made between 31st January 2020 and 31st January 2022 and allows for “distanced witnessing” to take place via video-link. A full guide on virtually witnessing a Will is available at https://www.gov.uk/guidance/guidance-on-making-wills-using-video-conferencing

However, there are concerns that virtual witnessing may lead to an increase in disputes regarding the validity of virtually signed Wills. Furthermore, the Government has stated that virtual witnessing should only be used as a last resort, which only serves to feed the fear that virtual witnessing may not be as reliable as physically witnessing in person.

There are several areas of concern regarding virtual witnessing including:

  • Transit issues. Due to the time between the testator signing the Will, and the Will being received by the witness who must then physically sign the Will, there is the potential for the Will to be lost in transit, or intercepted and amended by another party before it is received by each witness.
  • Problems with video technology –If the internet/phone connection fails during a virtual signing, the validity of the signing or virtual witnessing could be challenged.
  • Undue influence – it is possible that there could be another party present but unseen during a virtual signing that could give rise to claims that the testator was unduly influenced at the time of the signing, which could be used to argue the Will to be invalid.
  • Death of testator before witnessing is complete – as virtual witnessing makes the signing process longer, this increases the chances of the testator dying before the Will has been validly witnessed which could also raise validity concerns.

Thankfully, expert advice is at hand by calling Andrew Douglas Wills & Legal Services to assist you through this complex area of the Law and ensure that your Will meets current witnessing requirements. 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 that your Will is in safe hands. For further information and to arrange your free initial consultation call Andrew Douglas Wills & Legal Services today!

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