header-logo header-logo

Where there’s a will; there’s a way

04 June 2020 / Nicholas Bevan
Issue: 7889 / Categories: Features , Wills & Probate
printer mail-detail
22067
Is it a misconception that a witness needs to be physically present at a will signing? Dr Nicholas Bevan reports

Life is short and we all take an occasional shortcut now and then. In our private lives we do not hesitate to rely on the trusty sat-nav instead of undertaking the map-reading for ourselves. Some authors might even resort to a tired cliché for their article’s headline!

As busy professionals, most of us will occasionally have substituted a case header for the judgment we know we should have read. Sometimes we adopt the opinion of a trusted commentator, particularly when it is plausible.

However, this kind of referential behaviour can lead us badly astray. Even the most esteemed institutions and authorities, just like our sat-navs, can have a bad day. The present controversy over whether it is possible to execute a valid will over the internet using remote video technology, is a prime example of the blind leading the blind.

There is a near uniform consensus within

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll