Definition
Remote witnessing was a temporary COVID-19 measure (31 January 2020 to 31 January 2024) that allowed will witnesses to observe signing via video call instead of being physically present—this is no longer permitted in England and Wales.
Understanding remote witnessing remains important because thousands of wills were witnessed this way during the pandemic, and many people mistakenly believe video witnessing is still available today.
What Does Remote Witnessing Mean?
Under English and Welsh law, the Wills Act 1837 normally requires witnesses to be physically present when a testator (the person making the will) signs their will. However, the COVID-19 pandemic created unprecedented challenges for will-making, particularly for vulnerable people who were shielding or in lockdown. In response, the government introduced the Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020 (SI 2020/952), which temporarily expanded the legal definition of "presence" to include "presence by means of videoconference or other visual transmission." This emergency legislation came into force on 28 September 2020 but was backdated to 31 January 2020—the date of the first confirmed COVID-19 case in the UK. The temporary provision was initially set to expire on 31 January 2022, but was extended twice before finally expiring on 31 January 2024.
During the permitted period, remote witnessing required a specific two-stage process that was significantly more complex than traditional physical witnessing. First, the testator signed their will while on a video call with both witnesses watching—both witnesses had to be present at this first call and able to see and hear the testator clearly. The signed will was then physically transferred to the witnesses (typically posted, couriered, or collected). Second, a separate video call was arranged where both witnesses signed the will in each other's physical presence while the testator watched via video link. Both witnesses had to be present at both video calls, and the audio-visual quality had to be sufficient for all parties to see and hear clearly. Physical signatures were still required at all stages—electronic signatures were never permitted. For example, Sarah, 78, was shielding at home in December 2020 and needed to update her will urgently. Her solicitor arranged a video call where Sarah signed her will on camera while her two friends, David and Emma, watched via video. Sarah then posted the signed will to David, who arranged a second video call two days later where both he and Emma signed as witnesses while Sarah watched. This will remains legally valid because it was properly executed during the permitted period.
The temporary legislation expired on 31 January 2024 and was not extended. A parliamentary statement on 1 February 2024 confirmed that "the special circumstances which applied when this measure was put in place no longer apply" and physical presence is once again required under Section 9 of the Wills Act 1837. Wills that were remotely witnessed between 31 January 2020 and 31 January 2024 remain legally valid if they were properly executed according to the requirements in force at that time. However, legal professionals have noted that remotely witnessed wills are more susceptible to legal challenges compared to traditionally witnessed wills. Common concerns include difficulty identifying signs of undue influence (someone off-camera could have been pressuring the testator), challenges assessing testamentary capacity through video (visual cues are less clear), and increased execution errors due to the unfamiliar two-stage process. The Law Commission is currently reviewing will formalities and may consider whether to recommend permanent provisions for technology-assisted witnessing in future, though no such changes are currently proposed.
Common Questions
"Is remote witnessing of wills still allowed in the UK?" No, remote witnessing is no longer permitted in England and Wales as of 1 February 2024. The temporary COVID-19 legislation expired and was not extended. Witnesses must now be physically present when you sign your will, as required under the Wills Act 1837.
"I made a will using video witnessing during lockdown in 2021—is it still valid?" Yes, your will should be legally valid as long as it was executed correctly between 31 January 2020 and 31 January 2024. However, remotely witnessed wills are more susceptible to legal challenges due to potential execution errors or concerns about undue influence. Consider having a solicitor review your will to confirm proper execution.
"Can I use video witnessing if I'm self-isolating or can't have people in my home?" No, video witnessing is no longer legally permitted since February 2024. However, case law confirms that witnesses can observe you signing through a window or in a large open space where you can all see each other clearly while maintaining distance—this satisfies the "presence" requirement under the Wills Act 1837.
Common Misconceptions
Myth: I can still witness my will over Zoom or video call as long as everyone can see each other clearly.
Reality: Remote witnessing is no longer legally permitted in England and Wales since 1 February 2024. The temporary COVID-19 legislation expired and was not extended. Witnesses must now be physically present in the same location when you sign your will, as required under Section 9 of the Wills Act 1837.
Myth: Wills that were witnessed over video during COVID are now invalid because the law has changed.
Reality: Wills that were properly witnessed via video between 31 January 2020 and 31 January 2024 remain legally valid, even though remote witnessing is no longer permitted for new wills. The legislation was backdated to cover the entire pandemic period, and the expiry only affects wills made after 31 January 2024—it does not retrospectively invalidate properly executed remote-witnessed wills.
Related Terms
Understanding Remote Witnessing connects to these related concepts:
- Witness: Remote witnessing was a temporary alternative to traditional physical witnessing, which has now been reinstated as the only permissible method.
- Execution: Remote witnessing changed how the execution requirement of "presence" could be satisfied during the pandemic period from 2020 to 2024.
- Presence: The temporary legislation fundamentally redefined what "presence" meant in the context of will witnessing, expanding it from physical to include virtual presence via video link.
- Attestation: Attestation—the formal act of witnessing a signature—could be performed remotely during the temporary period, though it now requires physical presence again.
Related Articles
- Understanding UK Will Legal Requirements: Explains the fundamental legal requirements for a valid will, including the standard Section 9 witnessing requirements that remote witnessing temporarily modified.
- Making a Will in Special Circumstances: Provides broader context about emergency will-making situations and how UK law adapted during the COVID-19 pandemic.
- How to Properly Witness a Will: Offers detailed guidance on witnessing procedures, including why remote witnessing was more error-prone than traditional methods.
Need Help with Your Will?
If you made a will using remote witnessing during the pandemic, WUHLD can help you review whether it was properly executed and whether you should consider updating it with physical witnesses for additional security.
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Legal Disclaimer: This glossary entry provides general information about UK legal terminology and does not constitute legal advice. For advice specific to your situation, consult a qualified solicitor.