How do the new witnessing rules affect me when making my will?
It is important legally, and also for your own peace of mind, to make certain your will is watertight and binding. It means that your wishes can be carried out in a timely and responsive way.
It can also help prevent contentious or acrimonious probate issues (disputes over assets, finances or property) occurring after your death.
These disputes can cause ruptured relationships, be expensive in terms of time and money, and create extremely stressful situations for all. Ensuring your will is legally binding also means you can avoid paying more inheritance tax than necessary.
The Ministry of Justice has recently updated 183 year old legislation allowing wills to be witnessed and signed using video conferencing software. This can mean Zoom, FaceTime or Skype can be used as platforms to witness wills “in absentia”.
Although the response from many family solicitors has been positive, there is a note of caution from some practitioners. Some are concerned that their clients will be signing documents that may not hold validity.
James Antoniou, head of wills at Co-op Legal Services, said the changes will ‘inevitably create a greater risk of uncertainty about whether a virtually witnessed will has, in fact, been executed properly.
‘This, in turn, means that there is also an increased possibility of wills made in this way being challenged in the future. It’s therefore vital that people putting wills in place take the right advice, and ideally from a legal provider which is regulated by the Solicitors Regulation Authority,’
You can read more in this article on witnessing wills in absentia in The Law Gazette.