Any future digital wills process that allows video-witnessing must contain appropriate safeguards to protect against fraud or undue influence, the Law Society has said - following the end of Covid-related legislation that permitted video-witnessing.

The government confirmed last week that legislation during Covid permitting wills to be video-witnessed would not be extended.

The legislation, introduced in September 2020, amended the Wills Act 1837 to stipulate that where wills must be signed in the presence of at least two witnesses, their presence can be physical or virtual.

The temporary legislation was extended in February 2022. However, with in-person witnessing of wills no longer subject to restrictions, the government announced last week it was not extending the legislation beyond 31 January.

Society president Nick Emmerson said the policy was sensible during the pandemic. However, a recent member survey found that half of respondents supported using technology in the will-writing process following the pandemic.

Emmerson said: ‘Video witnessing when making a will, obtaining probate or administering an estate, introduces a further level of risk which solicitors need to assess and manage. Therefore, the digital wills process needs to have an appropriate level of protection to address concerns about the risk of fraud and undue influence. It is also important to make sure that people who would struggle to make a will electronically are not disadvantaged.

‘We support the Law Commission, as part of its wills reform project, in considering the role of video witnessing alongside wider issues on the use of technology to facilitate will-making.’

The commission is expected to publish its final report and draft bill in early 2025.

 

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