Will Making Changes

The rules for making a will in England and Wales are changing, so people can make one more easily if they are shielding or self-isolating. Under a law that dates back to 1837, a will has to be signed by the person making it and by two other people who are not beneficiaries of the will, who watch the will-maker sign it. Those witnesses then sign the will themselves to say they have seen the will-maker sign it. That rule is not changing. But the Ministry of Justice has said that in future, witnesses do not need to be physically present in the same place as the person signing. Instead they can witness the will being signed live over their smartphone or a video link.

Under the new procedure the person making the will signs it and two independent people witness that over a video link or smartphone in real time as it happens. The will is then sent to each of them in turn and they add their signature to say they remotely witnessed the will being signed. Their signatures are also witnessed
on a video call by the will-maker and by the other witness. All these calls should be recorded and the will – the original, not a copy – is returned.