Nicola Ashby, Wills and probate specialist at Holmes & Hills Solicitors, discusses rules concerning the provision of services by solicitors practices.
Emergency legislation has been in force since the start of the Coronavirus pandemic in March 2020 dealing with how Wills could be safely witnessed whilst complying with the social distancing guidelines.
On 7th September 2020, the Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020 SI 2020/952 was laid before parliament. This permitted the use of video-link technology in relation to the signing and witnessing of Wills and meant that the will-maker (Testator) and witnesses no longer needed to be physically present and instead, they could be virtually present.
The legislation was approved and came into force on 28th September 2020. It amends the Wills Act 1837. Initially, it had intended to deal with Wills made on or after 31st January 2020 and on or before 31st January 2022.
However, on 11th January 2022, this has now been extended until January 2024.
The government feels that the measures should remain in place whilst Covid 19 remains in circulation to ensure that vulnerable people can record their final wishes.
Where people are forced to have their Wills witnessed via video link due to isolation the legislation will ensure that the law recognises the use of technology in facilitating and satisfying the required witnessing formalities. Previously, under the Wills Act 1837 for a Will to be valid it had to be in writing and signed by the Testator (will-maker) in the presence of two or more witnesses present at the same time. Each witness would either sign or attest the Will or acknowledge their signature in the presence of the testator. By permitting the use of video-link technology it avoids the difficulties created by the pandemic in relation to social distancing and isolation.
However, to protect people two witnesses are still required and virtual witnessing is only recognised if the quality of the sound and video is sufficient for them to see and hear what is happening. It should also only be used as a last resort and people must continue to sign their Wills in the normal way where it is safe to do so. Wills that are witnessed through windows are already considered valid in case of law as long as all parties have a clear sight of the person signing it and of the Will document itself.
The changes to the legislation are still temporary and will end in January 2024 whilst the Law Commission considers potential permanent reforms to the law around Wills.
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