The end of remote Will witnessing in the UK: What it means for you

The COVID-19 pandemic brought many changes to the way legal documents were executed in the UK.

One significant temporary measure was the introduction of remote witnessing of Wills, allowing individuals to have their Wills signed and witnessed via video conference. However, this provision has now ended, and it is important for anybody who had a Will remotely witnessed to review it and possibly make a new one.

What was remote witnessing?

In response to the challenges posed by lockdowns and social distancing, the UK Government temporarily amended the law to permit remote witnessing of Wills. This meant that from 31 January 2020 to 31 January 2024, witnesses could observe the signing of a Will via video conference software such as Zoom or Microsoft Teams. The witnesses would be required to physically sign the Will as soon as possible thereafter. E-signatures were not permitted.

Why did remote witnessing end?

Remote witnessing was introduced as a temporary emergency measure to ensure people could still create legally valid Wills while maintaining social distancing. However, as normality returned, the potential risks and challenges of remote witnessing led to its discontinuation. These risks included the following:

• Increased chance of disputes – remote witnessing raised concerns about undue influence and the potential for fraud which could have been mitigated if the Wills had been signed witnessed in person
• Technical issues – poor video quality, lag or internet connection failures could cast doubt on whether the Wills were properly witnessed
• Complexity in execution – the process required multiple steps including the testator and the witnesses signing the document separately which sometimes led to errors. Additionally, there was a risk that the testator could pass away after signing the Will but before the witnesses had the opportunity to sign, making the Will invalid.

Since 1 February 2024, all new Wills must again be witnessed in person by two independent witnesses who are both physically present at the time of signing.

The importance of reviewing and re-signing your will

If you signed a Will using remote witnessing during the temporary relaxation of the rules, we recommend that you review it with a solicitor. While Wills witnessed remotely remain legally valid if executed correctly, they are more suspectable to legal challenges. To avoid any potential disputes or complications for your loved ones in the future, you ought to consider:   

• Make a new Will signed with in-person witnesses to eliminate any doubts about its validity. 
• Reviewing the contents of your Will to ensure it still accurately reflects your wishes as your personal and financial circumstances may have changed since you made it. 
• Checking for errors or inconsistencies that could arise from remote witnessing processes such as incorrect dating, missing signatures or unclear execution details.  

Protecting your legacy

Your Will is one of the most important legal documents you will ever sign, ensuring that your assets are distributed according to your wishes. To provide peace of mind and safeguard your estate from potential disputes, we strongly recommend that individuals who made a Will using remote witnessing consult a solicitor and execute a new Will with in-person witnesses.  

If you need assistance in reviewing or updating your Will, our expert team is here to help. Contact us today to arrange an appointment.