Ensuring the Validity of Your Will: Important Considerations and Recent Changes

In a recent case, the validity of a will was upheld despite being witnessed at a distance due to COVID-19 restrictions. The case of Baker and Spiers v Hewston (2023) involved a 90-year-old man with dementia, Stanley, who made multiple wills with changing beneficiaries over the years. The final will, made in 2020, left his estate to his family members, excluding his son Martin.

The will was witnessed at a distance, with Stanley signing the will through a window while two witnesses stood outside his house. This arrangement was deemed valid by the court, highlighting the flexibility of the law during unprecedented times.

The case serves as a reminder of the importance of ensuring that wills are executed and witnessed correctly. While remote witnessing was allowed temporarily due to the pandemic, the government advises that physical witnessing should still be arranged whenever possible.

If you have concerns about the validity of a will, it is essential to seek legal advice from experienced Dispute Resolution solicitors. Contact them now on 0330 822 3451 or request a call back for expert guidance.