The Witnessing of Wills during COVID-19 became very difficult with practitioners using all methods to keep the demand of social distancing and seeing that the testator was signing the Will in their presence.
It was done in car parks, over the fence, outside the windows of the testator and many other ways to comply with the Wills Act 1837. There was an increased demand during the lockdown for Wills to be prepared and signed. Testators were getting very nervous as they wanted their Wills drawn up and it was difficult for those who could not get out of their homes.
The government has now allowed the witnessing of Wills to be done remotely. This will be by a new legislation in September and Wills witnessed in such a way will be legal and backdated to 31st January 2020. You will still require two witnesses to prevent fraud and undue influence. This comes with caution and the Law Society has put out guidance to minimise fraud and abuse. This change is there for two years. This is a welcome relaxation, but it also comes with difficulties that practitioners will face and should be carried out with caution. If in doubt the Law Society’s practice advice team is there to assist.
I would suggest that practitioners do read the practice note put out by the Law Society. Please log on to My Law Society or sign up so that you can access the practice notes. The Law Society is regularly providing guidance and practitioners are advised to keep themselves updated regularly on this.
Sushila Abraham
Solicitor
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