Videoconferencing or visual transmission of wills

The government has recently introduced a statutory instrument permitting wills to be witnessed remotely. The Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order SI 2020/952 allows wills to be witnessed by ‘videoconferencing or other visual transmission’ (such as Zoom or Skype) while still complying with the requirements of the Wills Act 1837 s 9 (‘Signing and attestation of wills’) which requires the ‘presence’ of two independent witnesses.

For readers who are unfamiliar with its terms s 9(1) states: ‘No will shall be valid unless:

a) it is in writing and signed by the testator or by some other person in his presence and by his direction; and

b) it appears that the testator intended by his signature to give effect to the will; and

c) the signature is made or acknowledged by the testator in the presence of two or more witnesses...