Extension gives vulnerable people peace of mind that their wills will be legally-recognised
Vulnerable people across England and Wales will continue to be able to have their wills witnessed via video-link up until 2024, under legislation laid today (11 January 2022) to extend measures brought in during the pandemic.
The change will extend until 2024 this ability for those who are forced to isolate either with covid or from another vulnerability. This will reassure all those who need to use this provision that their final wishes are legally-recognised as witnesses previously had to be physically present.
Law Society research has found that around 14 percent of legal professionals who had been involved in making a will since the change in 2020 had used software such as Zoom or FaceTime for witnessing wills.
To protect people against undue influence and fraud, two witnesses are still required and virtual witnessing is only recognised if the quality of the sound and video is sufficient to see and hear what is happening.
Deputy Prime Minister, Lord Chancellor and Secretary of State for Justice, Dominic Raab said:
The extension will last until 31 January 2024 while the Law Commission considers potential reforms to the law around wills, including whether to make these changes permanent.
The use of video technology should remain a last resort and people must continue to arrange physical witnessing of wills where it is safe to do so. Wills witnessed through windows are already considered legitimate in case law provided they have clear sight of the person signing it.
Professional organisations such as STEP, who represent legal professionals and others who help families plan for the future, have welcomed the extension.
Law Society of England and Wales president I. Stephanie Boyce said:
Emily Deane, STEP Technical Counsel and Head of Government Relations said:
Notes to Editors