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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

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
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