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04 June 2020
Issue: 7889 / Categories: Legal News , Wills & Probate
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NLJ this week: Remote witnessing of wills

The accepted view that a testamentary witness must be physically present is ‘misconceived’, solicitor Nicholas Bevan argues in this week’s NLJ

Bevan, who recently supervised the ‘first online remote execution of a will’, says there is ‘near uniform consensus within the legal profession’ that s 9 of the Wills Act 1837 insists on the physical presence of witnesses. Bevan writes: ‘It clearly does not.’

Strangely, s 9 is both more ancient and more modern than the 1837 Act. It has its origins in 1677 and its last iteration was substituted by the Administration of Justice Act 1982. Bevan’s argument traces a line of case authorities interpreting the statutory formalities for a valid will in light of various technological advances. He concludes that a statutory intervention to permit the remote witnessing of a will is not required because the law already allows this.

He concludes: ‘Given that video evidence can be now be adduced in criminal and civil trials it seems oddly anachronistic to trenchantly insist that this 1982 Act requires nothing less than a close physical attendance, when the provision itself is silent on the point and when not a single case authority supports that proposition.’

Bevan has written an open letter to Alex Chalk MP, at the Ministry of Justice, arguing the case for a practice direction to set good standards.

MOVERS & SHAKERS

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins hires two talented legal directors

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

NEWS
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
Material obtained through US discovery applications may have a much longer legal life than many litigants realise
English courts are developing a distinctly practical approach to sanctions disputes arising from Russia’s invasion of Ukraine
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