Signing your Will via video link – is it really as simple as it sounds?

You may have seen the announcement by the Ministry of Justice on 25^th July 2020 advising legislation coming into effect in September 2020 which enables individuals to video-witness the execution of their wills if they are unable to observe the normal formalities, and cannot have two independent witnesses present.

For many this has been a welcome advancement in light of the current pandemic which resulted in many having issues executing their Wills to ensure that their wishes will be followed. Having said this, there has been a lot of speculation as to how this will work in practice and much concern has been aired in relation to the potential of increased probate litigation as a result.

So, is it really as easy as it may sound to simply sign your Will using video facilities such as Skype, Zoom or Facetime? The simple answer is no.

I have set out below some guidance provided by STEP in their recent briefing note to provide some further information in respect of the process:

Step 1: The Will maker (Testator) must ensure that both witnesses (if they are both witnessing remotely) can see them, and each other, clearly. This may involve a three way video call.

Step 2:  The Testator should hold up the front of the will to show to the witnesses and then turn to the page that they will be signing and hold that up for the witnesses to see. The Testator should then sign the Will, making sure that both witnesses have a good line of sight. The Will should be dated. The witnesses should confirm that they can see and understand what they are witnessing.

When signing, it would be advisable for the Testator to say, ‘I first name, surname, wish to make a will of my own free will. I am now signing the will before these witnesses (who should both be named), who are remotely witnessing me sign it.’ Alternatively, a professional will writer will include a specific attestation clause within the Will to cover the remote signing.

Step 3: The Will should then be posted to the first witness. A further video call should take place with all parties present, ensuring the same visibility and line of sight as before. They should hold up the Will to show the cover and signature page. They should then sign and provide their details. They should not date the Will. This process may need to be repeated again for the second witness if they too are remotely witnessing.

It is also advisable that the whole process outlined above is recorded. This is to assist should someone decide to contest the Will at a later date and will provide evidence to the signing and validity of the Will.

As you will see from the above, it isn’t as simple as simply signing your Will via video link and certain practices still need to be carried out. The process itself can also be time consuming with having to send the original Will to each party for signature. This is particularly important when taking into consideration that the Will will not be valid until it has been witnessed by the two witnesses.

Signing your Will by video link may on the face of it seem appealing to many but when considering the steps that need to be taken and the consequences of signing your Will incorrectly, we would strongly advise that this method of signing is only considered as a last resort.

If you require assistance in respect of preparing your Will during this difficult time, please do get in touch with one of our Solicitors in the Private Client team on wills@franklins-sols.co.uk or 01908 660966 / 01604 828282. We have adapted our practices by providing telephone or video appointments to take the your initial instructions, garden appointments if you require a face to face meeting and we are also happy to meet with you to sign your Will if you are struggling to get your own witnesses.