Why practitioners believe Wills Act Amendment will increase Will disputes

Title Research’s latest blog post provides insight into some of the reasons why some legal practitioners believe the temporary amendment to the Wills Act 1837 could increase the number of contested Wills.

During the COVID-19 pandemic, once the country was quickly locked down and individuals were advised to shield, self-isolate or social distance from others, a significant problem was created for any procedures that required an in-person element, such as preparing a Will. The Wills Act 1837 traditionally required two witnesses to be physically present when someone was creating a Will in order to witness their signature. This was no longer as simple as it as has always been.

Last month, as a response to the challenges faced during the pandemic, the Ministry of Justice temporarily amended the law in England and Wales to allow for Wills to be witnessed virtually, using video technology, if required.

But what about the risks involved that could make it easier for the Will to be contested and potentially deemed invalid? Risks such as unstable video connections, fraudulent interception during the transportation of the Will to witnesses and the increased possibility of undue influence are just some of the concerns that have been raised to date. Their blog discusses this in further detail.

Click here to read the full blog post

Title Research provides a range of genealogical research and asset repatriation services for legal professionals. Their services are designed to streamline the estate administration process, to take the effort out of locating the correct people or assets, and to mitigate against the risk of future dispute or complications. If you have any questions about genealogical research, asset repatriation or how you can work with Title Research, call them on 0345 87 27 600 or email [email protected]


This article was submitted to be published by Kings Court Trust as part of their advertising agreement with Today’s Wills and Probate. The views expressed in this article are those of the submitter and not those of Today’s Wills and Probate.

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