Is a Video Will Legal in the Uk

Our respected French interlocutor* warned us that a new law that has just been passed in France will pose problems for Anglo-French succession planning. Under the laws of England and Wales, any person has testamentary freedom and can bequeath his estate to whomever he wants under the terms of his will. The government is introducing new temporary rules to make it easier for people who want to make wills work during the coronavirus pandemic. In July 2020, the UK government announced plans to change the law so that wills can be observed remotely in England and Wales. If you need to use a video conferencing platform to conduct testimony, regardless of whether you use FaceTime, Zoom or Skype, the entire process must be live and witnesses must not watch a pre-recorded video of the testator signing the will. Here, FT Money gathers the best advice from our readers and legal experts to help your family ensure that your will writing activities – whether offline or online – have the desired effect. Under the current UK law (Wills Act 1837), a will is only legally binding if: The Law Society continues to believe that the most effective reform of the Act would be to give judges the power to recognize the intentions of the deceased even if his or her will may not have been attested in accordance with the Wills Act. Get an idea of the value of your estate by making a list of your assets and debts. (4) that the testator was of sound mind to the best of the witness` knowledge and belief when the will was executed. When you write a will, whether it was made online or by hand, it must be signed by the testator and two witnesses. Currently, the government does not allow it to be signed electronically, primarily to prevent individuals from committing fraud or to prevent the testator from being misinfluenced by another person. Numerous articles in FT Money`s archives show how easy it is for many people – especially young people – to delay writing a will. There are already signs that Covid-19 has changed people`s priorities, and more of us are finally registering our last wishes.

Unfortunately, the pandemic also means that more readers have lost loved ones and have to settle the financial affairs of their relatives and friends. If both witnesses are not present at the same time as the signing of the will, you must repeat this step with the other witness and make sure that you (the testator) and the witness can clearly see and understand what is happening. The drafting or modification of the legalization clause in a will may be considered if video cookies are used. The legalization clause is the part of the will that deals with the testimony of the signature of the will. In the case of video-certified wills, it may be advisable to mention that a virtual testimony has taken place, as well as details of whether a recording is available. “Real estate can also cause problems. In the United States, for example, there may be different legal proceedings in different counties of the same state. The list should include all assets and, where possible, current valuations or at least details of the date and purchase price of jewelry or antiques. Investors must leave a note with their will indicating where all their share certificates are deposited and the contact they have with the securities dealers for each share. In this guide, video testimonial means live video testimonial.

The amendment to the law does not allow witnesses to see a recording of the testator`s will or vice versa. Testimonials must continue to be in real time. It is important that after the deadline, the old law applies again and that wills are then redrafted in the physical presence of witnesses. “I, (full name), would like to make a will of my own free will and sign it here in front of these witnesses who testify as I do from afar.” You should review your will every five years and after any major changes in your life, such as a new grandchild or a move. Never make changes to the original document. Since the Wills Act of 1837 – the year Charles Dickens` Oliver Twist was first published – the writing of a will in England and Wales requires the physical presence of at least two witnesses. However, she urges people to be “vigilant” as the new law may not be so easy to follow in practice. “Handwritten signatures are still required, and all parties must sign the same document together via video link.

This requires at least two separate video sessions and sharing the original document between the parties,” she says. The use of video technology should remain the last resort, and people should continue to arrange testamentary witnesses where it is safe. Wills attested through windows are already considered legitimate in case law, provided they can clearly see the person signing them. A will is the only way to ensure that your money, property, possessions and investments (known as an estate) go to the people and causes you care about. Research conducted by the Law Society found that about 14% of lawyers involved in drafting a will since the 2020 amendment had used software such as Zoom or FaceTime to testify before wills. This is a sensible measure that gives vulnerable people the assurance that their wishes will be recognized when they are forced to video testify because of their isolation. For more information and tips on writing a will online, read our helpful guides, and to get started with your will now, simply press the button below. STEP, the professional association of practitioners specializing in family inheritances, warned last month that families need to think about their digital inheritance and make arrangements for non-physical assets in their wills. More information on the video testimonial process is available on GOV. UK website. If you have legal questions, contact your lawyer or the professional with whom you are writing a will.

The best practice for lawyers writing wills is to follow a complete record with detailed attendance notes and letters of wish with reasons why testators exclude individuals who might otherwise expect a benefit and adherence to the “golden rule” to obtain a capacity assessment when capacity concerns remain paramount. If there are concerns that there could be a dispute after death, and that it is possible to attend the will in the conventional way, this is the preferred route. If it is possible to execute the will again later in the traditional way, this could protect against future litigation. Due to the coronavirus pandemic, changes have been made to the rules of testamentary testimony. These allow for different approaches when witnesses are physically present in the room when the will is signed.