Families can now continue to take advantage of virtual technology to witness wills
Feb 9, 2022
A recent relaxation in the laws around the virtual witnessing of wills looks set to become a permanent change.
News & Blogs
A recent relaxation in the laws around the virtual witnessing of wills looks set to become a permanent change.
A recent relaxation in the laws around the virtual witnessing of wills looks set to become a permanent change.
Witnesses perform a vital role in making sure that a will is valid. Traditionally, the law requires that two people (who won’t benefit from the will) witness the will in person. That has been the case for the last 185 years, since the original Wills Act was passed in 1837.
As a firm, we still believe that in-person witnessing is the safest and best method, which is why we currently only do it that way.
However that law is now likely to be permanently reformed, with witnesses able to use FaceTime, Skype or Zoom to witness a will if there is no other viable option available.
A sign of the times
With so many of us self-isolating, shielding or suffering from the COVID-19 virus, it has become increasingly difficult for many people to witness wills in person. Since the restrictions began, lawyers have been using all kinds of methods to comply with the law, including having witnesses view the signing of the will through a window.
In order to make witnessing easier under lockdown, the rules were relaxed to allow for the witnessing of wills using video conferencing technology. That was initially a temporary move – but it now looks likely to become a more permanent change. The rule relaxation has been extended to 2024 in the first instance.
Supporting an increasing awareness of the need for wills
Encouragingly, people are now increasingly aware of the need to have an up to date and accurate will, with more and more people requesting this service. This is a welcome trend and this relaxation of the rules should only encourage that to continue.
To discover more about the support we provide around wills, probate and lasting powers of attorney, use the button below:
This article must not be construed as legal advice. All cases are different on their facts and you should consult with us directly on your case.
Powers of Attorney (PoA) and Lasting Powers of Attorney (LPA) provide peace of mind that, should you become unable to make decisions yourself, a trusted person you have chosen will act on your behalf. They will be able to manage your affairs in line with your wishes, ensuring important matters are handled with care and responsibility.
When someone dies, everything they own - known as their estate - must be carefully managed and distributed in accordance with their wishes as set out in their will. This process involves not only passing assets to the chosen beneficiaries but also handling debts, taxes and legal formalities along the way. For many, this can be a daunting and emotional task, especially during a time of grief.
When a loved one passes away, going through the process of administering their estate will always be emotional and complex. But when the original will cannot be found, the situation becomes even more difficult - raising questions about the deceased’s true intentions and creating uncertainty for those left behind.
After talking to clients about the planning of their affairs, we at Walker Foster discovered a common misunderstanding over the difference between an executor and an attorney.
Craven House, Newtown, Barnoldswick, BB18 5UQ
First Floor, 7 Victoria Avenue, Harrogate, HG1 1EQ
27 Riddings Road, Ilkley, LS29 9LX
Century House, Northallerton, DL6 2XQ
The Old White Horse, Market Place, Settle, BD24 9EF
63 Kirkgate, Silsden, Keighley, BD20 0PB
3 High Street, Skipton, BD23 1AA