The remote witnessing of wills: a last resort

25th September 2020

Lydia Pemberton ConvertImagecropped 1

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 PembertonLydia PembertonCall: 2006 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.

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Lydia Pemberton has a traditional chancery practice and has developed an extensive understanding and considerable experience of contentious probate matters.

For more information about her expertise or to instruct her, contact James Parks on or Mark Heath on

This article was first published in Today’s Wills and Probate.