Will witnessing via video set to bring its own challenges

Charles Hutton, partner, Charles Russell Speechlys, 29/07/2020

Lockdown made the execution of Wills difficult, and it is good news that the government is allowing Wills (and Codicils) to be witnessed by video link in England and Wales. The new rules are to be backdated to 31 January 2020 and are expected to remain in force for two years. However, it is essential that the procedure is followed very carefully. There is more scope for abuse than under the traditional method.

The traditional method is set out in the Wills Act 1837. The testator must sign in the physical presence of two witnesses. Usually this means being in the same room together, and in the vast majority of cases all three sit ...

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