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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

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

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Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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