The legislation was introduced in 2020 during the COVID-19 pandemic. Previously, witnesses had to be physically present.
Since its introduction, about 14% of legal professionals working on will making have used Zoom, FaceTime or similar software to facilitate remote witnessing, according to the Law Society. The quality of the sound and video must be sufficient to see and hear what is happening, and two witnesses are still required, to protect people against fraud and undue influence.
The Law Commission is currently considering whether remote witnessing should be made a permanent feature.
Emily Deane, STEP (Society of Trust and Estate Practitioners) technical counsel, said: ‘While we agree that video technology should remain a last resort, it is vital that anyone who is required to isolate can arrange their will and has peace of mind that it is legally valid.’
