Video Witnessing a Will: What it all means…

According to the law, a Will must be made in the presence of two witnesses to be considered legal; this is to protect people against undue influence or fraud.

New measures have been considered and are to be implemented to give peace of mind to many that their last wishes can still be recorded during this challenging time; while continuing to protect the elderly and vulnerable.

The UK Ministry of Justice (MoJ) has announced the implementation of secondary legislation under the Electronic Communications Act 2000 that can be applied retrospectively to the beginning of the COVID19 pandemic on 31 January 2020. 

The legislation is anticipated to come into force in September 2020 and will be in force for two years until 31 January 2022.

The new legislation which only applies in England and Wales enables (Scotland and Northern Ireland have separate legal systems around the validity of wills) individuals to video-witness the execution of their Wills if they are unable to observe the normal formalities, and cannot have two independent witnesses physically present. 

Therefore, if someone is isolating and there is no feasible way to arrange for witnesses to be there, they can video record themselves executing their own will and it will be legally valid.

How will video witnessing Wills work?

The Government has issued official guidance on signing Wills virtually. We have detailed the basic principles below, for your benefit. 

• When witnessing a Will via video link (such as Zoom or Skype), the witnesses must see the Will being signed in real time (or live). That means you can’t use a pre-recorded video. If possible, the whole witnessing process should also be recorded and the recording then kept in case the Will is challenged.

• It’s also essential that the quality of the sound and video is good. The quality needs to enable other to be able to see and hear (clearly) what is happening.

• When the Will-maker signs the Will, the witnesses must be able to see them actually writing their signature, not just their head and shoulders (and vice versa when the witnesses sign). 

• Electronic signatures are not allowed.

Justice Secretary Robert Buckland said: “We are pleased that more people are taking the incredibly important step to plan for the future by making a Will…

…We know that the pandemic has made this process more difficult, which is why we are changing law to ensure that Wills witnessed via video technology are legally recognised.”

We should all have a Will. It is one of the most important documents you will ever have. Whether you are married, in a civil partnership, engaged, have a long-term partner, own property, are looking to buy a property or have children; you should make one out. 

MTLS offer a FREE CONSULTATION and we are offering various types of appointments, to suit our clients needs. We are available to meet in person; we have a visor and are following safety guidelines. We can discuss matters over the phone with you or via a virtual meetings, such as via Zoom, Skype or FaceTime. 

Mark Tucker, the founder of MT Legal Services has nearly 40 years of experience in matters regarding Wills and Probate. As a member of the Institute of Professional Will Writers, you can be sure that you’re in good hands when you employ MT Legal Services.

To book your FREE CONSULTATION, please get in touch!

T: 01604 591242

E: mark@mtls.co.uk