The promised statutory instrument to give effect to the new remote witnessing rule for Wills has now been published as The Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020. It is therefore now timely for professionals advising on Wills to review STEP's guidance on this, issued prior to the legislation coming into force. In particular, it should be borne in mind that remote Will witnessing (using a video link to to witness a Will being executed) should only be used as a last resort due to the inherent risks involved, not least the risk of undue influence.
Remotely witnessed wills officially declared valid in England and Wales Monday, 27 July 2020 The law of wills in England and Wales is to be amended to allow the remote electronic witnessing of wills under certain conditions. The change is to be backdated to 31 January 2020, in order to reassure the public regarding any wills that may have been remotely attested during the coronavirus epidemic.
