What Virtual Witnessing means for making a Will

g.lawrence • September 30, 2020

What the law says

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Over 60% of adults in the UK don’t have Wills. The reasons are as varied as the population that hasn’t done the deed.

Whether it’s lack of time, a perceived lack of need or because it’s uncomfortable to think about one’s mortality, the result is the same...

Not enough people have taken the steps they need to ensure their families are taken care of, after they are gone.

Under the current circumstances this is especially risky. We all hope that if we were unfortunate enough to catch COVID-19, we’d recover quickly. Sadly, for some that won’t be the case. 

All the more reason why thousands of people like you are finally getting wills drawn up, just in case the unthinkable happens.

Although a globe spanning virus isn’t the only reason to consider writing a Will. If you’ve just got married or you’ve got a baby on the way, now is the time to take stock and get everything in writing. Equally, if you’ve just come through a divorce, you probably don’t want your ex getting their hands on your life savings.

Whatever is prompting you to get a Will drawn up, the pandemic throws up a problem. Social distancing and self-isolating make it very difficult to witness a Will.


What the law says

Section 9 of the Wills Act of 1837 sets out the requirements for making and witnessing a Will as follows:


No Will shall be valid unless:

(a) it is in writing and signed by the testator or by some other person in his presence and by his direction; and

(b) it appears that the testator intended by his signature to give effect to the Will; and

(c) the signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and

(d) each witness either attests and signs the Will or acknowledges his signature in the presence of the testator (but not necessarily in the presence of any other witness), but no form of attestation shall be necessary.


The person making the Will also needs to have ‘testamentary capacity’. Which means they need to fully understand what they are doing and have capacity to say as much. And they aren’t being influenced or coerced by anyone.


For witnesses, the current law allows an executor of the Will to be a witness. However, a beneficiary or the spouse/civil partner of the Will maker cannot. Essentially because it’s a conflict of interests. 


‘Mature minors’ are allowed to witness a Will, but blind people cannot. There is a general assumption that a witness should also have testamentary capacity.


Additionally, the Act states that the witnesses have a ‘clear line of sight’ of the Will maker signing the Will.


Equally the Will maker is required to have ‘clear line of sight’ to the witnesses when they countersign.


The pandemic and subsequent lockdown made that impossible. As a result, all Wills in process were effectively prevented from being issued. 


The problems this creates are obvious and has caused no shortage of anxiety for families up and down the country. Not least for those who up to now have been shielding or are otherwise vulnerable.


Which is why the law had been amended to accommodate these unprecedented times…


Making Wills using Video Conferencing Technology

The amendment - which has been backdated to the 31st January 2020 - will make it legal for Wills to be witnessed over video conferencing technology. The legislation will stay in place until at least 31st January 2022.


The way this will work is the Will maker (you) will sign the Will in full view of your witnesses. They can be in one location or two separate locations, it doesn’t matter. Prior to signing you should confirm that the call is being recorded and that the witnesses can clearly see you and the document. 


It’s really important that they can see you physically writing your name, not just the back of your head. If the witnesses are not known to you, they should ask you to prove your identity by holding up a passport or driver’s license to the camera.


Once signed the Will maker should hold the document up to the camera for confirmation. It is also beneficial to have that on the recording too.


The next step is to get the document to your witnesses as quickly as possible. While delays can sometimes be unavoidable, the ideal is no more than 24 hours.


Once the witnesses have the Will the process is repeated. As before, the Will maker must be able to clearly see the witness/es signing their names. Again, they should hold the signed document up to the camera to confirm and for the benefit of the recording.


If the witnesses live in different locations (which is likely) then this process will need to be repeated again. In all instances both witnesses must be present on the call.


The type of video conferencing or device used is not important, as long as the person making the Will and their two witnesses each have a clear line of sight of the writing of the signature.


To reflect this, the Will maker could use the following example phrase:


‘I [first name, last name], wish to make a Will of my own free will and sign it here before these witnesses, who are witnessing me doing this remotely’.


Witnessing pre-recorded videos will not be permissible - the witnesses must see the Will being signed in real-time. 


The person making the Will must be acting with capacity and in the absence of undue influence as per the existing law. 


If possible, the whole video-signing and witnessing process should be recorded and the recording retained. This could be of use to the court if the Will is ever challenged.


Other things to consider is ensuring that all parties are clearly visible. Many video conferencing technologies come with filters, backgrounds and other features that can distort or alter the appearance of the individuals.


These should be switched off as it could cast doubt on who was present and/or witnessing the Will signing.


Equally deep fake technology is becoming both more sophisticated and commonplace. It is essentially for all parties to take all reasonable steps to ensure that all parties are who they say they are. There is no government guidance on that but if you are in any doubt about the identity of the person on the call, end it immediately.


To do anything less could expose you to fraud or at the very least render the Will null and void.


Is drawing up a Will hard?

No, with a but. While the process of drawing up a Will is relatively simple, it can be difficult to decide how to apportion your estate.


Not least because you don’t know when you’ll die or what your estate could be like then. Also, many people find it quite an emotional experience as we humans don’t like to be confronted with our own mortality. In fact our brains have become highly adept at avoiding the topic or blocking the thoughts out altogether.


While this serves us very well day-to-day, it can make the subject of our deaths and how our family will cope after the fact very difficult.


The first thing to do is acknowledge that it’s a difficult discussion and one that should include your partner or spouse. Especially as your passing will impact on them most of all.




Value your estate

This essentially means determining the total value of your assets and debts.


Assets typically include:

  • Your home and any other property owned
  • Bank and building society accounts
  • National savings such as premium bonds
  • Insurance policies (life assurance or an endowment policy)
  • Pension funds (including lump sum payments on death such as stocks and shares)
  • Jewellery
  • Antiques
  • Other furniture
  • General household contents
  • Personal belongings
  • Motor vehicles.


Debts can include:

  • Mortgage
  • Credit cards
  • Store cards
  • Bank overdraft
  • Loans and finance
  • Equity release


It’s advisable to get your assets valued regularly as the value of them changes over time. For example, a car can depreciate over time, but jewellery and antiques tend to do the opposite.


Divide your Estate

When dividing up your estate among your loved ones it’s incredibly important to be completely clear about what you want to happen to it.


Ambiguity can cause arguments, disputes and break up families. The loss of a loved one can have a profound impact and make people act irrationally. 


When dividing up your estate you need to consider:

  • Who do you want to benefit from you Will? 
  • Do you want to give specific guests to anyone?
  • Where the residue of your estate is to go (assets left after all your debts, expenses and taxes etc have been paid)?
  • What do you want to happen if any of your beneficiaries die before you?


Giving to Charity

Many people choose to leave a portion of their estate to charity as a gift. If you wish to do so you’ll need to include the charity’s full name, address and registered charity number. 


If any of this information is missing or incorrect it could mean the charity doesn’t receive the gift. Or it could go to the wrong organisation by mistake.


Choose your Executors

Executors are the people who deal with distributing your estate. They can be an independent third party or a close friend or family member.


Being an executor holds a lot of responsibility and can be a lot of work so choose your executors carefully. It needs to be someone you can trust enough to enact your last wishes to the letter.


Write your Will

You can approach your Will in one of several ways. The first is you can write it yourself. Templates are available online, however, it still needs to be written in the correct way and still go through a witnessing process.


It’s surprisingly easy to write a Will that isn’t legal so at the very least you should get legal advice before going down this road.


An alternative is a professional Will writer. Professional Will writers aren’t solicitors and aren’t regulated the same way. They should be a member of the Institute of Professional Will Writers.


However, again, you will still need your Will to be checked by a solicitor and witnessed accordingly.


It’s best approach in almost every circumstance is to work with a solicitor. Solicitors who specialise in Wills and probate are, by definition, experts. 


They can make the entire process easy and straightforward because they know exactly what they are doing. This takes the stress and pressure out of what is a difficult and emotional experience.


A solicitor can review and verify the legality of the Will as well as help you arrange the witnessing of the document.



Signing the Will

Finally signing the Will. Under normal circumstances this is two people who physically witness the signing of the Will and then you do the same for them.


A witness cannot be a partner or spouse or a beneficiary (unless they are the executor).


Writing a Will doesn’t have to be stressful. Woodstock Property Law can support you through the process and help give you the reassurance that your loved ones will be taken care of.

What’s more, we use the latest video conferencing technology which means you can work with us while staying safe.


To find out more about how we can help you with your Will, get in touch with us today and a member of our team will respond within 24 hours.


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News & Insights

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Divorce document with two gold wedding bands, representing end of a marriage or civil partnership
By Karen Layland January 21, 2025
Understanding the legal process of ending a marriage or civil partnership can feel overwhelming. Karen Layland , Solicitor at Woodstock Legal Services, provides a clear, step-by-step guide to help you approach this journey with confidence. Our insights ensure you’re informed and supported at every stage, making the process as smooth as possible during what can be a challenging time. Eligibility to End a Marriage or Civil Partnership Before starting the process, it’s essential to ensure you meet the eligibility requirements. To apply for a divorce or dissolution in the UK, you must: Be in the relationship for at least one year: Applications cannot be submitted before this time frame. Prove that the relationship has irretrievably broken down: This is the sole legal ground for divorce or dissolution. Provide a valid relationship certificate: If your certificate is in another language, you’ll need to provide a certified translation. Show proof of any name changes (if applicable): This might include a marriage certificate, deed poll, or other official documentation. If you’re unsure whether you meet these criteria, seeking professional legal advice can save you time and stress. Alternatives if You’re Not Yet Eligible If you’ve been in the relationship for less than a year, there are still options to address your situation: Apply for a legal separation: This allows you to live apart without formally ending the marriage or partnership. Apply for an annulment: only available in limited circumstances. Use a deed of separation or post-nuptial agreement: These documents can outline arrangements for finances, property, and children during your separation, offering clarity and structure without formally dissolving the relationship. These alternatives can also be helpful if you’re unsure whether ending the relationship is the right decision or need more time to make arrangements. Starting the Process Once you’re eligible, it’s time to start the formal process of ending your relationship. Understanding the steps involved can make the experience less daunting. Sole vs. Joint Applications The first decision to make is whether to apply jointly with your partner or proceed alone: Joint Application: A joint application is ideal for amicable separations where both parties agree to the dissolution and there’s no risk of domestic abuse. It’s a cooperative approach that can help maintain a sense of fairness and reduce conflict. Sole Application: A sole application may be more suitable if you believe your partner won’t cooperate or respond in a timely manner. This approach allows one party to move forward independently, ensuring the process doesn’t stall due to a lack of response. Required Information To begin, you’ll need at hand all the necessary information to include the following details: Both parties’ full names and current addresses. An email address for your partner (if possible), as this enables faster communication from the court. If you’re working with Woodstock Legal Services, we’ll handle the application for you and ensure all the necessary details are provided correctly. Court Fees and Financial Assistance The cost of applying for a divorce or dissolution is £593. While this fee can seem daunting, there are options for financial assistance: Low-income support: You may be eligible for help with court fees if you receive certain benefits or are on a low income. Application process: If you’re applying for financial help, you’ll need to complete a separate form by post or apply online. If you receive approval, you’ll either pay a reduced fee or none at all. Handling through our services: If you’re working with us, we can guide you through the process, ensuring all forms are completed accurately. We can also handle payments from funds on account to make things easier for you. What Happens If the Other Party Does Not Respond In some cases, the other party may not respond to the application. When this happens, additional steps are required to ensure the process moves forward: Court Bailiff or Personal Service: A court bailiff can deliver the documents, or you may arrange for a private process server to serve them directly. Substituted Service: If personal service isn’t possible, you can request that the court allow documents to be served via alternative methods, such as email or social media. Dispense with Service: In extreme cases where the other party cannot be located, you can apply to dispense with service altogether. Each of these options has its own costs, timelines, and requirements. At Woodstock Legal Services, we’ll advise you on the most suitable approach for your situation and guide you through every step. Specialist Advice from Woodstock Legal Services If you’re thinking about starting a divorce or dissolving a civil partnership, our friendly and experienced family lawyers are here to help.
A family home being gifted: legal and tax advice from Woodstock Legal Services.
By Becci Newton January 16, 2025
Making plans for your property is an important part of looking after your family’s future. Many parents consider gifting their home or a share of it to their children, whether for practical reasons or as part of estate planning . It’s a generous gesture, but there are a few things to think about before making the decision. Recently, we had two conversations about this very topic. Both were quite different, but they showed just how much a little legal advice can help in making the best choice. Why Do You Want to Gift Your Property? Everyone has their own reasons for wanting to transfer property to their children, and these reasons can shape the best approach. In one case, a retired gentleman wanted to gift his property to avoid inheritance tax. However, after looking at his circumstances, it turned out his estate wouldn’t have been subject to inheritance tax anyway. He also hadn’t realised that if he continued living in the property without paying rent to his children, the “gift with reservation of benefit” rules would still apply, and the home would remain part of his estate for inheritance tax purposes. In another case, a mother wanted to gift a share of her home to her daughter, who was moving in with her. She was aware of the rules, like the seven-year rule and the capital gains tax exemption for principal residences. But her situation had an added layer – her daughter was leaving a difficult marriage and planning to start divorce proceedings. While it’s unlikely that the gifted share of the property would be considered a marital asset, transferring it before the divorce was officially underway could have introduced complications. After discussing the options, she decided to wait for the right moment to make sure her daughter was protected. Things to Think About When Gifting Property Gift with Reservation of Benefit (GROB) If you gift a property but continue to live in it without paying market rent, it could still be treated as part of your estate for inheritance tax purposes. It’s worth understanding how this could affect your plans. The Seven-Year Rule Gifts made during your lifetime are potentially exempt from inheritance tax if you live for seven years after making them. However, if you pass away within those seven years, the gift could be subject to tax, depending on how much time has passed since it was made. Capital Gains Tax (CGT) If the property you’re gifting is your main home, it’s usually exempt from capital gains tax. However, if it’s a second property or a rental property, CGT may apply, and it’s calculated based on the property’s value at the time of the gift. When Family Circumstances Add a Personal Layer Gifting property often involves more than just tax or financial considerations. Family dynamics can play a big part in the decision. In the case of the mother and daughter, understanding the emotional and legal context of their situation was vital. The mother’s desire to help her daughter was clear, but timing was everything to make sure the gift didn’t create unintended issues during divorce proceedings. This is why it’s so important to share the full picture with your legal advisor. Every family’s circumstances are different, and careful planning can help ensure the best outcome for everyone involved. Taking the Next Steps Gifting property is a generous act, but it’s not something to rush into. There are rules and potential pitfalls to consider, and getting the right advice can make a big difference. Whether you’re thinking about inheritance tax, capital gains, or how a change in ownership might affect your family, having a clear plan in place is always a good idea. Specialist Advice from Woodstock Legal Services At Woodstock Legal Services, our team can help with property gifting, inheritance tax planning, and wills and probate matters. We take the time to understand your goals and provide advice that works for you and your family.
Illustration of a broken heart symbolising the end of a relationship.
By Karen Layland January 13, 2025
Ending a relationship, whether a marriage or civil partnership, is a significant decision that takes careful thought and planning. Karen Layland , Family Solicitor at Woodstock Legal Services, shares her insights into the key considerations before taking the formal step to end a relationship. This guide is here to offer clarity and support during this emotional time. Assessing Whether the Relationship Has Irretrievably Broken Down Before initiating proceedings, it’s crucial to evaluate whether your relationship has truly reached an end. Ask yourself: Have all attempts to rebuild trust and resolve conflicts failed? Would professional counselling be beneficial, even if only one party believes it might help? Knowing where to seek support and understanding the costs involved can be pivotal. Exploring Alternative Solutions If you are unsure about ending the relationship, consider alternatives that provide clarity and structure without finality: Deed of Separation A deed of separation is a formal agreement that outlines arrangements for children, finances, and property while acknowledging the breakdown of the relationship. It can act as a roadmap for future proceedings if reconciliation is not achieved. Post-Nuptial Agreement Similar to a pre-nuptial agreement but signed after marriage or civil partnership. This document helps parties agree on the division of assets and responsibilities should the relationship ultimately end, reducing tension and uncertainty. Communicating With Your Partner Deciding how to inform your partner about your decision is a sensitive matter. It can be helpful to: Discuss the commencement of proceedings together to avoid unnecessary tension. Consider issuing joint proceedings if you both agree. Planning for the Practicalities Ending a relationship can bring immediate challenges. Plan ahead to reduce stress: Children: Decide how and when to communicate with them, and plan living arrangements. Finances: Determine how household bills and joint accounts will be managed. Businesses: Ensure operations are not disrupted during the transition.  Seeking Legal Advice Working through these considerations can feel much simpler with the right support. At Woodstock Legal Services, we offer a free, no-obligation consultation to: Understand your unique situation. Outline the divorce or dissolution process. Provide tailored advice on financial and parental arrangements. Specialist Advice from Woodstock Legal Services If you’re considering ending your relationship, our experienced family solicitors are here to offer support and guidance. Reach out to Karen Layland , Solicitor, at k.layland@woodstocklegalservices.co.uk or complete the form below for expert advice you can trust.
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