Re-signing Wills Witnessed Remotely During Covid-19 Pandemic Important To Ensure Continued Validity
A solicitor specialising in wills and estate administration has urged individuals who signed a will remotely during the Covid-19 pandemic to consider re-signing it in the presence of two independent witnesses who are over the age of 18 to ensure the document remains valid.
Kathryn Tunbridge, a Solicitor in Furley Page’s private client team, said: “If you have drafted a will to ensure that your assets are distributed according to your wishes upon your death, it is important to ensure that the document is legally valid. A simple mistake could undo your wishes, and the people and process involved in signing and witnessing a will are fundamental to ensuring it is valid.”
During the Covid-19 pandemic, the UK Government temporarily relaxed the rules to allow remote witnessing of wills via video conferencing between 31 January 2020 and 31 January 2024.
Kathryn continued: “While wills executed via video conferencing during this period are legally valid, re-signing the will now in the physical presence of witnesses would be considered good practice as it will prevent doubts and potential claims concerning a will’s validity in the future.
“Improperly executed wills can lead to disputes among potential beneficiaries, resulting in costly and prolonged legal battles. These disputes can deplete the estate’s assets and create disharmony among family members.”
“In addition, we often see problems arising when people use a DIY template or attempt to draft their will without professional legal advice, particularly if a will is not signed and witnessed in compliance with the requirements of the Wills Act, in which case it may be declared invalid. This can result in the estate being distributed according to the rules of intestacy or under the terms of a previous will, which may not reflect your wishes.”
For a will to be legally valid it must be in writing and signed by the testator in the presence of at least two witnesses who are physically present while the will is signed. Witnesses should not be beneficiaries of the will or related to anyone who is a beneficiary, as they play an essential part in the execution of a valid will by verifying that the testator is the person who is signing the will, that the signature is not forged, and that the testator has not been coerced into signing it.
It is important that the witnesses are physically present at the time of signing, as remote witnessing (e.g. via video conferencing, for example) generally does not meet the usual legal requirements set out in the Wills Act 1837.
For more information about Furley Page’s private client services, please contact Solicitor Kathryn Tunbridge by email kht@furleypage.co.uk or call 01227 274241. You can also follow the firm on LinkedIn.
