Video will witnessing provision to be extended

[VULNERABLE PEOPLE across England and Wales will continue to be able to have their wills witnessed via video link up until 2024, under legislation laid on 11 January to extend measures brought in during the pandemic.

The change will extend the facility for those who are forced to isolate either with COVID or from another vulnerability, reassuring those who need to use the provision that their final wishes are legally recognised. Witnesses previously had to be physically present.

The Ministry of Justice quoted Law Society research, which found that around 14% of legal professionals who had been involved in making a will since the change in 2020 had used software such as Zoom or FaceTime for witnessing wills. To protect people against undue influence and fraud, two witnesses are still required and virtual witnessing is only recognised if the quality of the sound and video is sufficient to see and hear what is happening.

Deputy Prime Minister, Lord Chancellor and Secretary of State for Justice, Dominic Raab, said: “I want people to be able to use technology safely and securely to ensure they can record their final wishes no matter the circumstances. This is a common-sense measure that will give vulnerable people peace of mind that their wills are recognised if they are forced to have them witnessed via video due to isolation.”

The extension will last until 31 January 2024 while the Law Commission considers potential reforms to the law around wills, including whether to make the changes permanent.

The MoJ stressed that the use of video technology should remain a last resort and people must continue to arrange physical witnessing of wills where it is safe to do so. Wills witnessed through windows are already considered legitimate in case law provided they have clear sight of the person signing it.

Law Society of England and Wales president I Stephanie Boyce said: “Solicitors have bent over backwards to ensure their clients have been able to make valid wills despite the restrictions during the pandemic. Those who have used video witnessing have told the Law Society it has been a useful option to have to help vulnerable people set their affairs in order when making a will if the physical presence of witnesses is not possible.

“The Law Society continues to take the view that the most effective reform of the law would be to give judges powers to recognise the deceased’s intentions even where their will may not have been witnessed, in line with the Wills Act. We look forward to the forthcoming Law Commission report on wills reform which we hope will expand on this and other issues to improve will making in England and Wales.”

Professional organisations such as STEP, which represents legal professionals and others who help families plan for the future, have also welcomed the extension.

STEP’s technical counsel and head of government relations Emily Deane said: “We welcome this announcement because it gives clarity to everyone involved in the process of witnessing wills. While we agree that video technology should remain a last resort, it is vital that anyone who is required to isolate can arrange their will and has peace of mind that it is legally valid.” q

[FAILING EYESIGHT is nothing short of a personal catastrophe. Do you have a family member, friend or neighbour who is gradually losing their sight?

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[THE SUFFOLK PUNCH TRUST is a registered charity, whose aim is to ensure the survival of the famous horse breed. It was founded in 2002 to save the historic Hollesley Bay Colony Stud.

That stud brought a rich legacy of equine and agricultural history which deserves to be saved for future generations to enjoy. The trust aims to achieve that through a successful breeding programme, supported by funding, education and the outreach facility of its visitor centre.

The Suffolk Punch is the oldest English breed of working horse, dating from the 16th century. Every Suffolk horse can be traced back to a stallion, known as Crisp’s Horse of Ufford, foaled in 1768. The Suffolk horse was developed for farm work and gained popularity during the early 20th century. As agriculture became mechanised, however, the numbers fell and the breed almost disappeared completely.

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[ANIMAL CHARITY Wild Futures rescues and offers sanctuary to monkeys who have suffered abuse and neglect. They are dedicated to protecting primates and their habitats worldwide – primates are endangered due to climate change, habitat destruction and the bush-meat and pet trades.

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