Wills to be signed and witnessed via video link in Jersey
Wills can now be signed and witnessed via video link in Jersey.
It will enable people in hospital, care homes, and isolation to finalise their wishes without breaching social distancing rules.
The temporary change to usual practices was passed by the States today.
In normal circumstances, witnesses need to be physically present when important legal documents are signed. In the case of wills, witnesses provide a key safeguard to ensure that:
The person who wrote the will (the testator) is the person signing it;
Their signature is not forged;
The testator has not been coerced into signing the will; and
They have the mental capacity to understand what they are signing.
The draft regulations presented to the States, state that 'those who are legal witnesses executing legal documents at this time will be presenting a public health risk by placing themselves near to others outside their family unit.'
In order to comply with social distancing rules, probate lawyers were having to adapt quickly, offering drive by wills surgeries, and witnessing through windows. That was felt to fall short of acceptable practice in terms of privacy requirements.
Prior to the change, a background report revealed that the Law Society had reported 'a significant increase in the number of individuals who have sought to make wills in recent weeks'.
Despite remote witnessing, lawyers still have to be assured at all times, that any client who makes a legal document does so willingly (not under duress) and has the capacity to do so.
The change, will remain in force until 30 September, unless extended.
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