What Virtual Witnessing means for making a Will

g.lawrence • September 30, 2020

What the law says

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Over 60% of adults in the UK don’t have Wills. The reasons are as varied as the population that hasn’t done the deed.

Whether it’s lack of time, a perceived lack of need or because it’s uncomfortable to think about one’s mortality, the result is the same...

Not enough people have taken the steps they need to ensure their families are taken care of, after they are gone.

Under the current circumstances this is especially risky. We all hope that if we were unfortunate enough to catch COVID-19, we’d recover quickly. Sadly, for some that won’t be the case. 

All the more reason why thousands of people like you are finally getting wills drawn up, just in case the unthinkable happens.

Although a globe spanning virus isn’t the only reason to consider writing a Will. If you’ve just got married or you’ve got a baby on the way, now is the time to take stock and get everything in writing. Equally, if you’ve just come through a divorce, you probably don’t want your ex getting their hands on your life savings.

Whatever is prompting you to get a Will drawn up, the pandemic throws up a problem. Social distancing and self-isolating make it very difficult to witness a Will.


What the law says

Section 9 of the Wills Act of 1837 sets out the requirements for making and witnessing a Will as follows:


No Will shall be valid unless:

(a) it is in writing and signed by the testator or by some other person in his presence and by his direction; and

(b) it appears that the testator intended by his signature to give effect to the Will; and

(c) the signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and

(d) each witness either attests and signs the Will or acknowledges his signature in the presence of the testator (but not necessarily in the presence of any other witness), but no form of attestation shall be necessary.


The person making the Will also needs to have ‘testamentary capacity’. Which means they need to fully understand what they are doing and have capacity to say as much. And they aren’t being influenced or coerced by anyone.


For witnesses, the current law allows an executor of the Will to be a witness. However, a beneficiary or the spouse/civil partner of the Will maker cannot. Essentially because it’s a conflict of interests. 


‘Mature minors’ are allowed to witness a Will, but blind people cannot. There is a general assumption that a witness should also have testamentary capacity.


Additionally, the Act states that the witnesses have a ‘clear line of sight’ of the Will maker signing the Will.


Equally the Will maker is required to have ‘clear line of sight’ to the witnesses when they countersign.


The pandemic and subsequent lockdown made that impossible. As a result, all Wills in process were effectively prevented from being issued. 


The problems this creates are obvious and has caused no shortage of anxiety for families up and down the country. Not least for those who up to now have been shielding or are otherwise vulnerable.


Which is why the law had been amended to accommodate these unprecedented times…


Making Wills using Video Conferencing Technology

The amendment - which has been backdated to the 31st January 2020 - will make it legal for Wills to be witnessed over video conferencing technology. The legislation will stay in place until at least 31st January 2022.


The way this will work is the Will maker (you) will sign the Will in full view of your witnesses. They can be in one location or two separate locations, it doesn’t matter. Prior to signing you should confirm that the call is being recorded and that the witnesses can clearly see you and the document. 


It’s really important that they can see you physically writing your name, not just the back of your head. If the witnesses are not known to you, they should ask you to prove your identity by holding up a passport or driver’s license to the camera.


Once signed the Will maker should hold the document up to the camera for confirmation. It is also beneficial to have that on the recording too.


The next step is to get the document to your witnesses as quickly as possible. While delays can sometimes be unavoidable, the ideal is no more than 24 hours.


Once the witnesses have the Will the process is repeated. As before, the Will maker must be able to clearly see the witness/es signing their names. Again, they should hold the signed document up to the camera to confirm and for the benefit of the recording.


If the witnesses live in different locations (which is likely) then this process will need to be repeated again. In all instances both witnesses must be present on the call.


The type of video conferencing or device used is not important, as long as the person making the Will and their two witnesses each have a clear line of sight of the writing of the signature.


To reflect this, the Will maker could use the following example phrase:


‘I [first name, last name], wish to make a Will of my own free will and sign it here before these witnesses, who are witnessing me doing this remotely’.


Witnessing pre-recorded videos will not be permissible - the witnesses must see the Will being signed in real-time. 


The person making the Will must be acting with capacity and in the absence of undue influence as per the existing law. 


If possible, the whole video-signing and witnessing process should be recorded and the recording retained. This could be of use to the court if the Will is ever challenged.


Other things to consider is ensuring that all parties are clearly visible. Many video conferencing technologies come with filters, backgrounds and other features that can distort or alter the appearance of the individuals.


These should be switched off as it could cast doubt on who was present and/or witnessing the Will signing.


Equally deep fake technology is becoming both more sophisticated and commonplace. It is essentially for all parties to take all reasonable steps to ensure that all parties are who they say they are. There is no government guidance on that but if you are in any doubt about the identity of the person on the call, end it immediately.


To do anything less could expose you to fraud or at the very least render the Will null and void.


Is drawing up a Will hard?

No, with a but. While the process of drawing up a Will is relatively simple, it can be difficult to decide how to apportion your estate.


Not least because you don’t know when you’ll die or what your estate could be like then. Also, many people find it quite an emotional experience as we humans don’t like to be confronted with our own mortality. In fact our brains have become highly adept at avoiding the topic or blocking the thoughts out altogether.


While this serves us very well day-to-day, it can make the subject of our deaths and how our family will cope after the fact very difficult.


The first thing to do is acknowledge that it’s a difficult discussion and one that should include your partner or spouse. Especially as your passing will impact on them most of all.




Value your estate

This essentially means determining the total value of your assets and debts.


Assets typically include:

  • Your home and any other property owned
  • Bank and building society accounts
  • National savings such as premium bonds
  • Insurance policies (life assurance or an endowment policy)
  • Pension funds (including lump sum payments on death such as stocks and shares)
  • Jewellery
  • Antiques
  • Other furniture
  • General household contents
  • Personal belongings
  • Motor vehicles.


Debts can include:

  • Mortgage
  • Credit cards
  • Store cards
  • Bank overdraft
  • Loans and finance
  • Equity release


It’s advisable to get your assets valued regularly as the value of them changes over time. For example, a car can depreciate over time, but jewellery and antiques tend to do the opposite.


Divide your Estate

When dividing up your estate among your loved ones it’s incredibly important to be completely clear about what you want to happen to it.


Ambiguity can cause arguments, disputes and break up families. The loss of a loved one can have a profound impact and make people act irrationally. 


When dividing up your estate you need to consider:

  • Who do you want to benefit from you Will? 
  • Do you want to give specific guests to anyone?
  • Where the residue of your estate is to go (assets left after all your debts, expenses and taxes etc have been paid)?
  • What do you want to happen if any of your beneficiaries die before you?


Giving to Charity

Many people choose to leave a portion of their estate to charity as a gift. If you wish to do so you’ll need to include the charity’s full name, address and registered charity number. 


If any of this information is missing or incorrect it could mean the charity doesn’t receive the gift. Or it could go to the wrong organisation by mistake.


Choose your Executors

Executors are the people who deal with distributing your estate. They can be an independent third party or a close friend or family member.


Being an executor holds a lot of responsibility and can be a lot of work so choose your executors carefully. It needs to be someone you can trust enough to enact your last wishes to the letter.


Write your Will

You can approach your Will in one of several ways. The first is you can write it yourself. Templates are available online, however, it still needs to be written in the correct way and still go through a witnessing process.


It’s surprisingly easy to write a Will that isn’t legal so at the very least you should get legal advice before going down this road.


An alternative is a professional Will writer. Professional Will writers aren’t solicitors and aren’t regulated the same way. They should be a member of the Institute of Professional Will Writers.


However, again, you will still need your Will to be checked by a solicitor and witnessed accordingly.


It’s best approach in almost every circumstance is to work with a solicitor. Solicitors who specialise in Wills and probate are, by definition, experts. 


They can make the entire process easy and straightforward because they know exactly what they are doing. This takes the stress and pressure out of what is a difficult and emotional experience.


A solicitor can review and verify the legality of the Will as well as help you arrange the witnessing of the document.



Signing the Will

Finally signing the Will. Under normal circumstances this is two people who physically witness the signing of the Will and then you do the same for them.


A witness cannot be a partner or spouse or a beneficiary (unless they are the executor).


Writing a Will doesn’t have to be stressful. Woodstock Property Law can support you through the process and help give you the reassurance that your loved ones will be taken care of.

What’s more, we use the latest video conferencing technology which means you can work with us while staying safe.


To find out more about how we can help you with your Will, get in touch with us today and a member of our team will respond within 24 hours.


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Once they gain access, they may attempt to: Sell the property without the owner’s consent Take out a mortgage or loan against the property Transfer ownership to another name Some properties are at higher risk of fraud, including: Homes that are empty or rented out Mortgage-free properties Properties owned by elderly or vulnerable individuals Unregistered properties Taking the right precautions can help you prevent fraud before it happens. Register for the Land Registry Property Alert Service One of the simplest and most effective ways to protect your property is by signing up for the Land Registry Property Alert Service . This free service notifies you whenever an application is made to change the title of your property, allowing you to spot fraudulent activity early. Why This Matters If someone attempts to change ownership or take out a mortgage on your property without your consent, you will receive an alert. This early warning system gives you the chance to stop fraud before any damage is done. Who Should Register? Every property owner should sign up, especially: Landlords with rental properties Homeowners with mortgage-free properties Anyone who owns multiple properties or does not live at their registered address For those with elderly or vulnerable family members, it’s also worth assisting them with registration to keep their homes protected. How to Register You can register up to 10 properties for free through the GOV.UK Land Registry Property Alert Service . Keep Your Address Updated with the Land Registry The Land Registry uses the address on file to contact property owners, mortgage lenders, and other registered parties. If your details are outdated, you could miss important fraud warnings. Why This Matters If you move house and forget to update your details, the Land Registry may send important notices to an old address, leaving you unaware of fraudulent activity until it’s too late. How to Update Your Details You can provide up to three addresses for official contact purposes, including: A UK or overseas postal address A DX (Document Exchange) address An email address This is particularly important for landlords and second-home owners who do not reside on their property. Keeping your contact details up to date ensures you receive legal notifications promptly. Verify All Communications to Avoid Fraudulent Emails Fraudsters frequently target property transactions , using email scams and phishing techniques to deceive homeowners and investors into transferring money to the wrong account. Common Warning Signs You receive an unexpected request to transfer funds. The sender’s email looks similar to a trusted contact but has minor differences. The bank details provided do not match those previously supplied by your solicitor. How to Stay Safe Always verify bank details over the phone with your solicitor before making payments. Do not click on links or open attachments from unfamiliar emails. Be extra cautious if you are in the process of buying or selling a property. If you receive an email with new payment instructions, call your solicitor to confirm before making any transactions. Place a Restriction on Your Property Title For an extra layer of protection, you can place a restriction on your property title. This ensures that no one can sell or mortgage your property without a solicitor or conveyancer verifying your identity. Who Should Consider This? A restriction is beneficial for: Property owners who do not live at the property Owners of mortgage-free homes Anyone looking for additional legal safeguards How to Apply You can submit a restriction application through HM Land Registry (Form RX1) . This step can significantly reduce the risk of fraudulent property transactions and prevent criminals from taking out a mortgage in your name. Protect Your Home and Investments with Expert Legal Advice Property fraud is a growing concern, but taking the right precautions can help secure your property and prevent criminals from gaining access. At Woodstock Legal Services, we provide expert guidance on residential property law, ensuring that homeowners and landlords have the protection they need.  If you’re concerned about property fraud, need help updating your Land Registry details, or want to apply for a title restriction, our team can assist you. For tailored legal advice, contact Arvinder Samra by emailing a.samra@woodstocklegalservices.co.uk or complete the form below.
Child holding parents hand showing affect of Media reporting on family cases in court
By Karen Layland February 19, 2025
For years, family court hearings have been private, with rules preventing journalists from reporting on what happens inside. But since 27th January 2025, that has changed. Accredited journalists and legal bloggers can now report on certain family court cases involving children , provided they follow strict rules under a Transparency Order . So, what does that mean for families going through the courts? Karen Layland , Solicitor at Woodstock Legal Services, explains how this change works, what’s allowed, and what to watch out for. What is a Transparency Order? A Transparency Order allows journalists and legal bloggers to: Attend family court hearings Speak to families involved in a case Request and quote from court documents Report on what they see and hear in court But there’s a key condition: families must remain anonymous. That means no names, school details, employer details, photos, or anything else that could identify them. Before this change, journalists could sit in on hearings but had no right to report on what was said. The aim now is to help people understand how the family courts work while still protecting the people at the heart of these cases. Can You Speak to a Journalist About Your Case? The short answer? Yes, but only under strict conditions. You are not obliged to speak to a journalist. If you do, it must be with someone who has already attended a hearing in your case. You cannot share any documents unless a Judge has given permission. While journalists now have more freedom to report, parties involved in a case cannot. That means you must not post details of your case on social media, even if a journalist has already written about it. Breaching this rule could have serious legal consequences. How Does This Work in Practice? Will Journalists Be Allowed to Report on Every Case? Journalists and legal bloggers must first apply for a Transparency Order, which will outline: What they can and cannot share Any restrictions imposed by the court Steps required to protect anonymity In most cases, these orders will be granted unless there is a strong reason not to allow reporting. If a party objects, the Judge can: Prevent reporting altogether Impose stricter restrictions Allow reporting to continue under the original order The courts have made it clear that denying a Transparency Order will be rare. How Will Privacy Be Protected? While this is a major step towards transparency, it does not mean families lose their right to privacy. The following protections remain in place: No names of the people involved can be published. No identifying details—such as schools, employers, or locations—can be reported. In cases involving sexual abuse, details of the abuse cannot be shared. These rules are designed to reassure families that their most personal and difficult moments won’t be exposed while still giving the public a clearer picture of how the family courts operate. What About Financial Cases in Family Court? For now, these changes apply only to cases involving children. Financial cases, such as divorce settlements and financial disputes, are still under review. Further updates are expected in due course. What If You Are Worried About This Change? Understandably, families going through the courts may feel uneasy about journalists being allowed to report on their cases. Family law is already emotional and stressful, and the thought of details being made public could add to that pressure. However there are still strong safeguards in place to protect privacy, and the court can prevent reporting in exceptional circumstances. If you’re unsure how this change might affect you, it’s always worth seeking advice from a specialist family solicitor . Specialist Advice from Woodstock Legal ServicesIf you are involved in a family court case and have concerns about Transparency Orders, we can help.
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