Over the weekend the Justice Secretary and Lord Chancellor Robert Buckland announced that the witnessing of Wills by video is to be deemed legal for the duration of the coronavirus pandemic.

The change in the law is likely to come in to effect in September but will be back-dated to the 31st January 2020 and is likely to remain in place until 31st January 2022.

George Persson is a partner at local solicitors Thatcher + Hallam LLP. George and his colleagues at Thatcher + Hallam have been working throughout the pandemic, many doing so remotely.

'Current legislation dictates that in order to be effective, a Will must be signed in the presence of two witnesses who must then also sign that Will,' says George. 'However, the reality is that there is still a significant minority of the population who are continuing to isolate and shield and for obvious reasons remain extremely reluctant to change that status.'

During the lockdown, George and his colleagues at the firm have been communicating with clients on FaceTime, Skype and Zoom. They have also been physically witnessing Wills through windows, garden tables or even on car bonnets.

'This change in the law will certainly bring a measure of peace of mind to clients who have already signed a Will by using video technology,' adds George. 'However, I must utter words of caution. The Ministry of Justice has stated that Wills witnessed in such a way will only be deemed legal provided the sound and quality of that video is good enough to see and hear what is actually happening at the time.'

'Also, I would endorse the statement of the government, that although being very welcome, use of video technology in this manner should only be used as a last resort and the advice must be that where at all possible (and it remains safe to do so), clients should still continue to arrange the physical witnessing of their Will. I therefore remain confident that in the weeks and months ahead, for those clients unable or unwilling to see us at our offices, my colleagues and myself will still be looking forward to plenty of trips to witness the signing of wills in porches or through the sitting room window!'

For anyone wanting any further information about making and signing a Will, they can contact George Persson at [email protected] or on 01761 414 646. Alternatively, the firm's website is here : the Thatcher + Hallam website

advertisement

George would be more than happy to informally discuss any queries.