- Remote witnessing of Wills—pros and cons from a disputes’ perspective
- What are the new rules and when do they apply?
- What problems do you foresee with assessing capacity and consequent disputes?
- What issues could there be with undue influence and fraud/forgery?
- What happens if the testator dies before the witnesses have signed the document? Are there any dispensing powers in this jurisdiction whereby the court could still uphold the Will?
- Are there any other problems that you foresee could lead to more disputes?
- Do you think this process could avoid disputes in some cases?
- Do you think these coronavirus initiated changes are here to stay?
Private Client analysis: Mark Lindley, partner at Boodle Hatfield, discusses the new rules in the Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020, SI 2020/952 (the Order), which have been developed as a response to the coronavirus (COVID-19) pandemic.
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