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Until now, for a will or codicil to be valid, “presence” in the Wills Act 1837 required for the testator to be in the “line of sight”. This did not allow for the remote witnessing of wills.
Probate barrister Lydia Pemberton examines The Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020, which expressly provides that ““presence” includes presence by means of video conference or other visual transmission”, in real-time, for wills made since 31 January 2020.
Lydia Pemberton has a traditional chancery practice and has developed an extensive understanding and considerable experience of contentious probate matters.
This article was first published in Today’s Wills and Probate.
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