Will Execution – Remote Witnessing Legislation Expires

A legal amendment that was made during the COVID-19 pandemic allowing the witnessing of wills to take place via videoconferencing has officially expired.

As of 31 January 2024, the Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020 is no longer active. It was introduced in response to the pandemic, as a means of facilitating the valid execution of wills via remote witnessing. The Order applied to wills made between 31 January 2020 and 31 January 2022, but was later extended to 31 January 2024.

Section 9 of the Wills Act 1837 includes a stipulation that, in order for a will to be valid, it needs to be signed by the testator in the presence of two or more witnesses present at the same time. The witnesses are also required to attest and sign the will.