Making sure your Will is legal and binding

Making sure your Will is legal and binding

Making a Will for peace of mind is good practice for us all. It can make sure that your wishes are carried out after you die. In the light of lockdown and social distancing, the rules are changing.

Lockdown has prompted the government to update the 183-year-old rules on witnessing wills in England and Wales.

The Ministry of Justice revealed shortly before parliamentary recess that a temporary statutory instrument will be laid in September allowing wills to be witnessed remotely in England and Wales.

This means that signing and witnessing a Will can be done using video conferencing technology. Witnesses need not be face to face or in person with a “testator” - a person who is making the will.

Key points:

  • Electronic signatures will continue to not be valid under the new rules.
  • Bear in mind that you still cannot leave your witnesses (or their married partners) anything in your will.
  • If you make any changes to your will you must follow the same signing and witnessing process.