From the BBC:
“Coronavirus: Wills witnessed by
video link to be made legal”
Wills witnessed remotely via
video link will become legal in England and Wales to make it easier for people
to record their final wishes during the pandemic. The change to the law will be
backdated to 31 January, the date of the first confirmed coronavirus case in
the UK, the government said. It means any will witnessed remotely from that
date onwards will be legally accepted. This measure will remain in place until
January 2022. The time period could be shortened or extended if deemed
necessary, the Ministry of Justice said. Under the current law, a will must be
made in the physical presence of at least two witnesses but social distancing
measures have made this difficult.
For a will to be legally valid,
as the law stands you must: Be 18 or
over, Make it voluntarily, Be of sound
mind, Make it in writing, Sign it in the presence of two witnesses who are both
over 18, Have it signed by your two witnesses, in your presence, You cannot
leave your witnesses (or their married partners) anything in your will
During lockdown, lots of people
have turned to video conferencing software as a communication solution, using
platforms such as Zoom or FaceTime. Ministers said wills witnessed using this
sort of technology would be deemed legal, as long as the quality of the sound
and video was sufficient to see and hear what was happening at the time. The
change to the legislation to include video-witnessing of wills will be made in
September. Two witnesses - who are not beneficiaries - will be still be
required, helping to protect people against undue influence and fraud, the
government said. Electronic signatures will not be permitted. Justice Secretary
Robert Buckland said: "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. "Our measures will 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."
However, the government said the use of video technology should remain a last
resort and people must continue to arrange physical witnessing of wills where
it was safe to do so. Wills witnessed through windows are already considered
legitimate, provided there is clear sight of the person signing it. Emily
Deane, technical counsel at Step, a professional body comprising lawyers and
accountants, said: "We are delighted that the government has responded to
the industry's calls to allow will witnessing over video conference. "By
removing the need for any physical witnesses, wills can continue to be drawn up
efficiently, effectively and safely by those isolating." She also welcomed
the move to apply the change retrospectively, saying it would provide
reassurance to anyone who had had no choice but to execute a will in this
manner prior to this legislation being enacted.
^ This is an interesting and very
complicated way to both make and enforce a Will. As it is Wills are contested
all the time (by family, friends, etc.) and adding Video Wills to that fix will
add to that mess. I understand the reasoning
- to encourage people (especially the sick) to not go outside, but people tend to post videos of themselves on
social media, etc. where they clearly aren’t in their right state of mind and
it will be hard to prove someone who posted a Video Will and later died was in
the right state of mind. Even if Video
Wills become legal I would still make out a written one. ^
https://www.bbc.com/news/uk-53530228
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