The government has confirmed it will not extend the temporary legislation that allowed vulnerable adults in England and Wales to have their will witnessed online using video link services like Zoom. This means witnesses for any new or updated will need to be present in person for the document to be valid.
Here, Which? explains how the rules were adapted during the pandemic, why remote witnessing won't be extended, and gives four tips for planning your will.
Why was remote witnessing brought in?
Under the 1837 Wills Act, two witnesses' signatures are required in the physical presence of the person making the will (the testator).
During the pandemic, temporary legislation was introduced so that the requirement that a will is made ‘in the presence of’ included those witnessing remotely.
The government and professional bodies published guidance on the steps that should be taken where wills were video-witnessed, which included the quality and sound of video being sufficient to hear and see what was happening.
Find out more:Why the legislation has not been extended
In a statement to the House of Commons, Parliamentary Under-Secretary of State for Justice, Mike Freer, confirmed the special measure had not been extended.
He said: ‘This temporary legislation was a response to the practical difficulties of having wills witnessed while restrictions on movement to limit the spread of the virus were in force, and at a time when more people wanted to make wills.
‘The government has always provided guidance that video-witnessing wills should be regarded as a last resort due to increased risks of formalities not being properly followed or risk of undue influence.’
He said the legislation was extended in January 2022 as the UK had only recently ended a further set of restrictions and there were still concerns about further strains of coronavirus. However, these special circumstances no longer apply, he confirmed to the house.
Find out more:‘Video witnessing adds a further level of risk’
In response, the Law Society said remote video witnessing was a sensible policy during the pandemic, but a recent survey of its members found that only half supported the use of the technology.
Law Society of England and Wales president Nick Emmerson added: 'Video witnessing when making a will, obtaining probate or administering an estate, introduces a further level of risk which solicitors need to assess and manage.
'Therefore, the digital wills process needs to have an appropriate level of protection to address concerns about the risk of fraud and undue influence. It is also important to make sure that people who would struggle to make a will electronically are not disadvantaged.
'We support the Law Commission, as part of its wills reform project, in considering the role of video witnessing alongside wider issues on the use of technology to facilitate will-making.'
Law Commission resumes will reform project
The Law Commission first consulted on reforming the law in 2017, but the project was paused between 2019-2022.
In October a consultation paper was launched on two topics: possible reforms to enable electronic wills and to the rule that a marriage of civil partnership revokes a will.
A statement on its website said: 'At the time of the Consultation Paper in 2017, the case for allowing wills to be made and stored in electronic form was relatively novel. This might no longer hold true.
'Since then, there has been increasing recognition of the use of digital documents and signatures in other contexts, as well as huge developments in technology. The Covid-19 pandemic also took place, during which technology facilitated will-making.'
The Law Commission is currently analysing the responses to this, which closed in December, and will publish a final report in 2025.
Find out more:4 things to consider when planning your will
As many as 60% of people don't have a will in place, by some estimates.
Although the process can seem daunting, it's important to make a will because if you die without one, your estate will be distributed according to strict rules, meaning the people you care about may lose out.
1. Don't put it off
There are more reasons than you think for making a will. For example, you don't just decide how your estate is divided up: you can also have a say as to who should look after your dependants. If you have children under 18, you can appoint legal guardians.
Unmarried partners aren't entitled to anything from your estate unless specifically stated in your will, no matter how long you've been together. Writing a will ensures your partner will receive a fair share.
Find out more:2. Use a wills planner tool
Before writing a will, it's worth thinking about who will inherit your most important assets and any other wishes for your estate.
You can plan out your will, including your executors and beneficiaries, with our free wills planner tool.
Find out more:3. Keep your assets up to date
We recommend keeping an up-to-date list of the assets you have – including bank accounts, pensions and insurance policies – to save your executors time tracking them all down.
You should also make a list of any debts. This could include a mortgage, credit card debt, and equity release.
Make sure you get your assets valued regularly as these will change over time.
Find out more:4. Use a will-writing service
A will needs to be written and signed correctly to be valid.
If you'd like advice on making a will, consider using a will-writing service or hiring a solicitor. Which? offers a will-writing service to help guide you through the process.
source https://www.which.co.uk/news/article/witnessing-of-wills-by-video-comes-to-an-end-ae0Jx4r3Kyzz