When the first lockdown began in March 2020, the execution of wills became problematic.

Fears about mortality in the light of the pandemic meant people decided it was time to put their affairs in order. At the same time, in-person meetings outside of immediate family were not possible, and so the question of how to sign a will validly became pressing.

Legislation states that to be validly executed a will must be signed by the testator “in the presence of two or more witnesses present at the same time”.

However in Casson v Dade, a case dating back to the 1700s, it was found that a will was valid when the testator, sitting in her carriage outside her solicitor’s office, could have seen the witnesses adding their signatures to her will inside.

This led to people signing wills through windows and on car bonnets, as so long as they had a clear line of sight of the two witnesses on the other side of the glass the will would be valid.

The Government moved quickly to bring in an amendment to the Wills Act 1837 and allow wills to be signed virtually. The amendment has now been extended until at least January 2024.

This means that while a will must still be signed in the presence of at least two witnesses, the testator and the witnesses do not have to be physically present in the same room and a ‘virtual’ meeting via Zoom or Teams would enable a will to be validly executed.