The "Wills Act (Electronic Communications) (Amendment) (Coronavirus) Order 2020 SI 2020/952" was introduced before Parliament on September 7th, 2020, to provide remote Will witnessing. This subsequently went into effect on September 28, 2020, and it will now expire on January 31, 2024.

The original purpose of the expansion was to accommodate people who had to isolate because of COVID-19.

“This is a common-sense measure that will give vulnerable people peace of mind that their Wills are recognised if they are forced to have them witnessed via video due to isolation”, said Lord Chancellor Dominic Raab.

While the expansion permits video calls for Wills' witnesses, there are no modifications to the conventional signature requirement for Wills, which calls for it to be sent around to the parties for signatures.

According to research done by the Law Society, 14% of legal practitioners who had been engaged in the creation of Wills following the change had used the opportunity to witness Wills remotely. 78% of the attorneys who used remote witnessing gave it a good or neutral review. While 58% said that they would still use it if it were still an option after the epidemic.

There are requirements that must be met when using the remote signing option. The Testator's hand and the paper must be clearly visible in the frame. It must go without interruption.

The witnesses must be able to watch the entire procedure on the video due of its quality. The Testator and witnesses must sign the Will before it becomes enforceable when observed remotely. This indicates that choosing this method of execution carries some risk. The Will must be delivered to the witnesses if the Testator must remain alone.

Please get in touch with us if you have any queries regarding remotely witnessing wills.