Government Confirms End to Remote Witnessing of Wills via Video Extension
The government has announced that the temporary legislation allowing for the remote witnessing of Wills via video will not be extended beyond January 31, 2024. The special measure was introduced in response to the COVID-19 pandemic and the national lockdowns that prevented face-to-face meetings for Will witnessing.
Initially enacted in September 2020 and backdated to January 31, 2020, the amendment allowed for video witnessing until January 31, 2022, and was later extended for an additional two years. However, surveys have shown low uptake of video witnessing, with guidance recommending it only as a last resort.
While there is an appetite for modernizing the witnessing process, concerns have been raised about the security and safety of remote witnessing, especially for vulnerable individuals. The Law Commission is currently working on potential permanent changes to the law, which may have influenced the decision not to extend the temporary legislation.
The Law Society of England and Wales has expressed support for the use of technology in the Will writing process but emphasizes the need for appropriate protection against fraud and undue influence. They also highlight the importance of ensuring that individuals who may struggle with electronic Will-making are not disadvantaged.
The decision not to extend the temporary legislation reflects the government’s view that in-person witnessing of Wills is no longer subject to restrictions, making remote witnessing unnecessary beyond January 31, 2024.
