Witnessing a will before COVID
Before COVID-19 swept across the country, the rules around witnessing your will were simple:
- You’d sign and date the will in front of two independent witnesses.
- Your witnesses would sign, date, and address the will.
- You all had to be present in the same room at the same time when this happened.
Social distancing and ‘stay at home’ orders affected that final requirement, and rather than prevent wills from being updated or created during such a tense and stressful time, the laws were updated.
In late 2020, the government announced the decision to shake up the existing Wills Act, allowing the ‘presence’ of those making and witnessing wills to include a virtual presence via video link, as an alternative to physical presence.
Where possible, the government has tried to keep the law as close to the original as it can.
This change was backdated to all wills and codicils written after January 31st 2020, with the government extending this to at least January 31st 2024.
How video-witnessing impacts you
Video-witnessing is a major shake-up for the legal system, but what does that actually mean for you?
You have a broader choice of witnesses
Choosing a witness is an important part of writing your will. If your will is later contested, your witnesses will need to state that they saw you voluntarily sign the will and that you knew what you were doing.
They do not have to read the will themselves. They just need to be sure you knew the contents of the will and were not forced to sign it.
Any witness must also be:
- 18 or over
- Of sound mind
- Independent
- Trustworthy
- Not named as a beneficiary in the will
With the introduction of witnessing via video link, you could now have a much bigger and potentially better pool of witnesses, since location is no longer an issue. If you were not sure who to use as a witness or had no one appropriate nearby, you now have more choice.
You can still use video-witnesses after lockdown
The government’s roadmap out of the pandemic meant the country could reopen, but even when lockdown came to a close, witnesses could still be used via video link. That is partly because some measures, such as social distancing and mask-wearing, could remain in place for longer.
Under the plans described here, video-witnessing ends on January 31st 2024, exactly four years after the first COVID-19 case was identified in the UK.
However, the government could extend this further, ‘in line with the approach adopted for other coronavirus legislative measures.’
Your statement is changed
The law is built on language. That is partly why using a solicitor or will-writer to write your will is preferred, especially for large or complex estates.
We have all heard stories of court cases that hinge on the interpretation of certain words, or workers winning a pay dispute thanks to an Oxford comma.
Because of this, there has been a slight tweak to the statement you sign. The document will now say something along the lines of, ‘I, [your name], wish to make a will of my own free will and sign it here before these witnesses, who are witnessing me doing this remotely’.
There is no single phrase your solicitor or will-writer must use, so long as it is clear the will was signed virtually.
You have a choice of technology
The law is clear: will-makers and remote witnesses do not have to use a specific device or software.
It makes it much easier to get your will sorted. Technology can be difficult at the best of times, without needing to make sure everyone is downloading the right software on the right device. Most computers, phones, and tablets have cameras and apps that allow video links, so again, this does not restrict who can witness your will.
Remember, a will must be witnessed in real time. Your witnesses cannot watch a pre-recorded video of you signing your will, and it is recommended that the entire session is recorded for future reference.
You don’t have to use video-witnesses
While witnessing via video link is legal, it is not mandatory. In fact, the government advises that ‘where people can make wills in the conventional way, they should continue to do so.’
Even social distancing cannot prevent traditional witnessing of a will. That is because the priority for witnesses is to have a clear line of sight of you as you sign. This means they can witness from another room with an open door, from a car, or through a window while outside an office or home. Some firms have even begun offering drive-thru will signings and witnessing.
Whatever you and your witnesses feel comfortable doing is fine.
Chat to a solicitor or will writer
Would you prefer traditional or remote witnessing? The choice is yours, and most solicitors and will-writers will be happy to help. You can always speak to them to find the best option, keeping you and your witnesses safe without invalidating your will.
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