REMOTE WILL SIGNING Q & A
I am thinking about making a new Will, but I am worried how it can be done safely?
Under Section 9 of the 1837 Wills Act, to correctly execute a Will the ‘Testator’ or person making the will must sign the will in the presence of 2 witnesses. The witnesses must be present in the same room when he or she signs. Once the Testator has signed the will then both witnesses also sign the will. The signing of the will must be carried out simultaneously and at the same time by all concerned.
The effects of the Corona Virus and Lockdown, have led to difficulty signing wills because the witnesses to a will must not be beneficiaries of the will or related to beneficiaries of the will. As most people leave their estate to their immediate family, the question of who can safely be in the same room as the Testator if they are not in the same family or bubble has led to people signing wills at home and errors occurring with the witnessing of the wills due to social distancing.
I have read that there has been a change in the law about signing a Will remotely?
In September 2020, a temporary change to the rules about witnessing wills was made. This will apply to wills made between 31st January 2020 and 31st January 2022 and will operate retrospectively. This will allow wills to be signed via a video link providing the testator can be seen signing the document.
Pre-recorded videos are not allowed, but the process should be recorded so that a record of it can be retained in the event of any future dispute.
Is there a risk of this being abused by people?
Concern has been raised about the possibility of undue influence or fraud, however, safeguarding measures have been implemented to avoid the possibility of this occurring.
Inclusion of a clause referencing the will being witnessed remotely and confirmation if there is a recording of the will signing, should also be included for good practice.
How much does a Will cost to have prepared by a solicitor?
A standard will for one person should not normally cost more than £100-150 plus VAT, subject to the complexity of the will. A mirror will for two people, normally a couple who wish to leave everything to each other, should not normally exceed £300-400 in total.