Move to allow video wills during pandemic welcomed by will writers [THE ANNOUNCEMENT
by the Ministry of Justice that video-witnessed wills are to be made legal during the coronavirus pandemic have been broadly welcomed by the will-writing profession. The announcement, made on 25 July and backdated to 31 January, will remain in place as long as necessary, the MoJ said. Currently, the law states that a will must be made ‘in the presence of’ at least two witnesses. However, while isolating or shielding, some people have understandably turned to video link software as a solution – for example via platforms such as Zoom or FaceTime. Ministers have acted to reassure the public that wills witnessed in such a way will be deemed legal, as long as the quality of the sound and video is sufficient to see and hear what is happening at the time. The changes will be made via new legislation in September, which amends the law to include video-witnessing. Crucially, the move maintains the vital safeguard of requiring two witnesses – protecting people against undue influence and fraud. Justice Secretary and Lord Chancellor, Rt Hon Robert Buckland QC MP, said: “We are pleased that more people are taking the incredibly important step to plan for the future by making a will. We know that the pandemic has made this process more difficult, which is why we are changing the law to ensure that wills witnessed via video technology are legally recognised. “Our measures will give peace of mind to many that their last wishes can still be recorded during this challenging time, while continuing to protect the elderly and vulnerable.” The backdating of the measure to 31 January 2020 reflects the date of the first confirmed coronavirus case in the UK. It means any will witnessed by video technology from that date onwards will be legally accepted. The change will remain in place until 31 January 2022, or as long as deemed necessary, after which wills must return to being made with witnesses who are physically present. Among the organisations to welcome the move was the Law Society of England and Wales. Its president Simon Davis said:
“The government’s decision to allow wills to be witnessed remotely for the next two years will help alleviate the difficulties that some members of the public have encountered when making wills during the pandemic. The Law Society is glad to see that guidance has been issued to minimise fraud and abuse. We look forward to working with government to ensure the reform is robust and successful.” Legacy umbrella organisation Remember A Charity also welcomed the announcement. It described it as potentially a ‘major step forward’ for legacy giving. Its director Rob Cope commented: “Modernisation of UK will-making is long overdue, and although the changes announced today are temporary measures, this could be a major step forward for legacy giving, making it easier for people to set out their final wishes. “Ultimately, the more people that write a will, the greater the potential for including a charitable donation. Even a small increase in the proportion of people leaving a gift in their will could generate millions for good causes each year. “But, as is so often the case, the devil is in the detail. The will-making environment needs to have rigour, with sufficient safeguards in place to protect the public, particularly those who may be vulnerable. Video is a great option when witnesses can’t be physically present, but it does need to be treated cautiously, with care and consideration. And the role of legal and financial advisers will be critical in helping the public finalise their wishes legally, minimising the likelihood of dispute.” Since the pandemic took hold in the UK in mid March, demand for will-writing and charitable bequests has risen considerably, with Remember A Charity receiving twice as much traffic to the ‘Making a Will’ section of its website. Rob Cope added: “The pandemic has helped people see the importance of getting their affairs in order and encouraged us all to reflect on those things we truly care about. This includes the charities that so many of us rely upon and the causes we are passionate about in our lifetimes.” q
Caring for chelonia [THE BRITISH CHELONIA GROUP publishes six newsletters
a year containing details of meetings, short articles, news items and veterinary notes. Their journal Testudo is published annually and contains original articles and reviews on all aspects of turtles, terrapins and tortoises – their biology, conservation, welfare, veterinary care and husbandry. The group also organises symposia. As well as the yearly appeals in aid of specific international causes in chelonia research and survival, the BCG assists other worthy causes in support of its aims with grants. They invite grant applications from organisations and individuals engaged on the work of chelonia conservation – such as zoos, universities, zoologists and students in this country and overseas. q
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