‘Zoom wills’ outlawed after rise in inheritance disputes
The practice of witnessing wills over webcam has been outlawed amid a sharp uptick in inheritance disputes.
Video witnessing of wills was introduced under “special measure” legislation to be used as a last resort during the pandemic, when individuals could not meet in person due to social distancing measures. It allowed wills to be witnessed over video-link software such as Zoom or Skype.
But the Parliamentary Under-Secretary of State for Justice, Lord Bellamy, announced an end to the temporary legislation last week, saying that the special circumstances surrounding it “no longer apply”.
He said: “This temporary legislation was a response to the practical difficulties of having wills witnessed whilst restrictions on movement to limit the spread of the virus were in force, and at a time when more people wanted to make wills.
“The Government has always provided guidance that video-witnessing wills should be regarded as a last resort due to increased risks of formalities not being properly followed or risk of undue influence.”
Lawyers said the rise in wills made over “video-link” had made it harder to spot “undue” influence and had resulted in an uptick in family members contesting the validity of the legal documents.
Figures show a marked rise in inheritance disputes since the pandemic.
The number of individuals submitting so-called caveats to block probate – the legal document needed to deal with the estate of the deceased – shot up from 6,889 to 9,528 between 2019-20 and 2020-21, according to official data from the Ministry of Justice, a year-on-year rise of 38pc.
In 2022-23, 9,625 caveats were entered – the highest number in the last five years.
The rise in disputes has been attributed to surging house prices and the increased popularity of DIY wills, but lawyers say remote witnessing has also been a factor.
Alison Parry, of JMW Solicitors, said there was a “huge uptake” in remote witnessing after the rules were introduced, resulting in a rise in contested estates.
“This has meant a greater risk of fraud or undue influence around will-making and, even where there was no fraud or undue influence, a greater suspicion of it which has led to more claims being initiated.”
Mark Keely, of law firm Freeths, said: “Remote will witnessing makes it more difficult for a practitioner to spot and to deal with, firstly, any concerns over testamentary capacity, secondly, undue influence, and finally, ensuring strict compliance with all of necessary formalities for due execution.”
Ian Bond, of Irwin Mitchell, another law firm, said anyone writing a will should be aware that video witnessing is no longer permitted. “Will writing kits may not have been updated to reflect this,” he added.
It is not yet known whether the change to legislation will be made permanent.
The Law Commission is currently reviewing the laws around wills, with a report expected next year.
Andrew Wilkinson, of law firm Shakespeare Martineau, said possible changes could include “electronic wills” and changes to rules that currently mean existing wills are revoked upon marriage.
A will must be signed in the presence of two witnesses for it to be valid.
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