Will Made During Lockdown Not Validly Executed, Court Rules

The High Court has ruled that a will made during the first COVID-19 lockdown was not validly executed, as it failed to comply with the formal witnessing requirements of Section 9 of the Wills Act 1837. The decision highlights the importance of ensuring that wills are properly signed and witnessed, even during exceptional circumstances such as the pandemic.

Case Background

The disputed will was dated 25 April 2020, about one month after the first national lockdown began. It named one of the woman’s children as the sole beneficiary and executor, leaving her residual estate entirely to him.

After the woman’s death in November 2022, her eldest son challenged the will’s validity, claiming that an earlier 2017 will should stand as the true last will.

Two neighbours had acted as witnesses to the 2020 will. They gave evidence that they had signed it in the back garden, while the woman was inside her home at a table in the dining room. They confirmed that they had not seen her sign the will, nor had she acknowledged her signature to them. The neighbours said they were told it was an “emergency will” because of the woman’s ill health and the lockdown, and that a solicitor would visit later to confirm the details.

In contrast, the beneficiary claimed that his mother had greeted the witnesses, thanked them, and signed the will in their full view from approximately eight feet away.

Court’s Findings

The Court found the neighbours’ evidence to be truthful and consistent, noting that they had given separate testimony without knowledge of each other’s statements. By contrast, the beneficiary’s account was considered unreliable and inconsistent, containing implausible detail and contradictions.

The judge determined that the will had not been signed or acknowledged by the testatrix in the presence of both witnesses, as required by Section 9 of the Wills Act 1837. Accordingly, the 2020 will was declared invalid, and the woman’s 2017 will remained valid.

Legal Context

Section 9 of the Wills Act 1837 requires that for a will to be valid:

1. It must be in writing and signed by the testator (or at their direction).
2. The signature must be made or acknowledged in the presence of two or more witnesses present at the same time.
3. Each witness must also sign the will in the testator’s presence.

The Court reaffirmed that even during lockdown restrictions, visual presence (not virtual or implied acknowledgment) was legally required, unless specific emergency legislation (such as the temporary remote witnessing provisions) applied, which it did not in this case.

Q&A Section

Q: What makes a will valid under UK law?
A will must be in writing, signed by the testator, and witnessed by two people present together at the time of signing. Each witness must then sign in the testator’s presence.

Q: Can a will be witnessed remotely?
During the COVID-19 pandemic, the government temporarily allowed remote witnessing by video link for wills made between 2020 and 2022. However, strict rules applied, and failure to follow them could render a will invalid.

Q: What happens if a will is declared invalid?
If a will is ruled invalid, the deceased’s previous valid will usually applies. If there is no earlier valid will, the estate will be distributed under intestacy rules.

Q: How can I ensure my will is valid?
You should always have your will drafted or reviewed by a qualified solicitor to ensure it meets all legal requirements and reflects your true wishes.

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