Last week the government introduced legislation to allow the witnessing of Wills to be done by video call despite a previous case deciding that a document witnessed by video was not valid. This is currently a temporary retrospective measure that lasts until January, 2021, aimed at covering the difficulties faced in getting Wills correctly witnessed during lockdown. 

 

It amends a decision that dates back to 1837, and the estate planning industry has been clamouring for modernisation of the rules as technology moves forward but the legislation pertaining to Wills largely does not. It can be argued that the safeguards inherent in an attestation where all parties are physically present may be lost, leading to undue influence, coercion, unseen people being present at the signing in the background, off camera etc etc. 

 

How do you feel about estate planning law being modified as we increasingly use technology in our day to day lives? 

 

Should this temporary modification allowing video witnessing be made permanent? 

 

https://www.todayswillsandprobate.co.uk/main-news/guidance-on-the-legalisation-of-video-will-witnessing/