Social distancing measures introduced to prevent the spread of Covid-19 have changed the way legal professionals provide Will writing services.

Creative ways of working using technology are now more common and the change to the way that a Last Will and Testament can be validly executed (signed and witnessed) has been extended.

Video witnessing is usually a last resort for a number of reasons, but it’s an option.

What changed in 2020?

Under Section 9 of the 1837 Wills Act, a testator (the person making a Will) must sign their Will in the presence of two independent adult witnesses. The witnesses cannot inherit from the Will or be in a relationship with a beneficiary, and more obviously they should be sighted and understand their role.

Until March 2020, signing and witnessing a Will was very straightforward. Clients could meet their chosen Will writer in their home or at the firm's offices. The testator signed their Will and the two witnesses signed to confirm they had seen this happen; all 3 people were in the same room at the same time. 

Lockdown, the 2m distancing rules, and government guidance to work from home where possible, meant innovative solutions for meeting clients and safely signing documents became the new normal.

Video calls replaced face-to-face meetings, but the usual process of following up with telephone calls and emails has continued. Wills have been witnessed across the garden fence by neighbours, on car bonnets, and through windows. For most modern legal practices it was business as (un)usual.

After a strict national lockdown, many people now feel comfortable resuming a more social life. But not everyone feels safe enough to attend a face-to-face meeting. The significant increase in use of Zoom, Skype, Teams, WhatsApp and Facebook video has changed what face-to-face means forever.

How can I make a valid Will without a meeting in person?

Meeting clients in person, shaking their hand and making them a brew before guiding them through the Will making process became impossible, but video calls are simple and straightforward. They are an excellent substitute for a face-to-face meeting and, we think, even have a few benefits… less time away from home or work, no travelling, no fuel cost, no parking fees and you can make your own coffee, just how you like it!

For anyone who isn’t comfortable with Zoom, Skype or FaceTime, or for those without access to a laptop or smartphone, home visit appointments are perfect.

New legislation, introduced in September 2020, allowed video witnessing of Wills and this can continue until 31 January 2024. It will only be appropriate where a person wanting to make their Will is too ill or vulnerable to meet in person. Video witnessing of a Will has been rare (only 14% of legal professionals have used the change to the law) but it will continue to be useful where there are no other safe options.

Making a valid Will is an essential part of sensible financial planning. Covid-19 has changed the process a little but isn’t a reason to delay making a Will.

For our team, the ability to use video calling for meetings means we’re now a national business. We can potentially help new clients who are happy to use digital technology, throughout England and Wales.

The law doesn’t allow our consultants to witness your Lasting Power of Attorney signatures, but this is rarely an issue. Our process is straightforward and we offer to supervise the signing process using video, so you’ll be supported every step of the way as if we were physically there with you!

You can book your video appointment today. Click the button below and you’ll find a calendar of dates and times to choose from. There’s no charge for a video meeting. We hope you’ll choose to work with us, but there’s no obligation.