The execution of wills is dealt with by the descriptively name Wills Act 2007.

The government has enacted temporary legislation which addresses how wills may be executed during the lockdown. Broadly, this legislation is intended to make possible the use of audio-visual links. The legislation will be rescinded when the pandemic notice is lifted.

Here is a summary from Sue Stodart, solicitor:

• Wills can now be witnessed with the willmaker and 2 witnesses communicating simultaneously by AV link.

• The witnesses and willmaker must take part in the same AV link, not consecutive AV communications (in order for the witnesses to see the willmaker both sign the will at the same time).

• All copies of the will (the willmaker’s copy with the willmaker’s signature, and each of the two  witnesses’ copies with the witness signatures and particulars) must all be sent straight away to the holder (who is the person designated by the willmaker). All copies are scanned or photographed and sent to the holder.

• The existing provisions allowing the willmaker to ask another person to sign on the willmaker’s behalf are preserved, and allow for that direction to sign on behalf, to take place by AV link.

• The attestation in the will must describe how the will sign signed and witnessed, including where witnessing is by AV link.

Solicitor Aaron Nicholls confirms that the witnesses must be on the same audio-visual link, at the same time: He said in response to question: “I would agree that the witnesses may be independently located, but I don’t believe the requirement for the witnesses to witness each other has explicitly been relaxed. I think the will maker and both witnesses will need to be on the same [audio-visual] call.”

Remote Legal offers a wills-witnessing service via an online booking system.