Epidemic Preparedness (Wills Act 2007—Signing and Witnessing of Wills) Immediate Modification Order 2020

This note is not part of the order, but is intended to indicate its general effect.

This order is made under the Epidemic Preparedness Act 2006 and its effect is temporary. It comes into force on 17 April 2020 and is revoked when the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked. It modifies requirements imposed by section 11 of the Wills Act 2007 (the Act) that may be impossible or impracticable to comply with during an epidemic.

The modifications allow wills to be signed and witnessed using audiovisual links.

Clause 4(1) modifies section 11(3) of the Act so that the will-maker must sign the document or direct another person to sign the document on his or her behalf in his or her presence, or (a modification) direct another person to—

• sign a copy of the document on his or her behalf before him or her via an audiovisual link from another place because an epidemic notice is in force; and

• make clear on the copy it is signed in that way; and

• send a photograph or scan of the signed copy promptly to 1 holder, who is identified by him or her, of—

  • the document; and

  • all required photographs or scans of signed copies of it.

Clause 4(2) modifies section 11(4) of the Act so that, when the will-maker complies with, or acknowledges compliance earlier with, section 11(3) of the Act (as modified), at least 2 witnesses must be together in the will-maker’s presence, or (a modification) be together with the will-maker and the other witnesses—

• in the will-maker’s presence; or

• via an audiovisual link from 1 or more other places because an epidemic notice is in force.

Clause 4(2) also modifies section 11(4) of the Act so that the witnesses may witness the will-maker acknowledging that another person directed by him or her (under section 11(3) of the Act as modified) earlier—

• signed a copy of the document on his or her behalf before him or her via an audiovisual link from another place because an epidemic notice is in force; and

• made clear on the copy it is signed in that way; and

• sent a photograph or scan of the signed copy promptly to 1 holder, who is identified by him or her, of—

  • the document; and

  • all required photographs or scans of signed copies of it.

Clause 4(2) also modifies section 11(4) of the Act so that the witnesses must each sign the document in the will-maker’s presence, or (a modification)—

• sign a copy of the document before him or her via an audiovisual link from another place because an epidemic notice is in force; and

• make clear on the copy it is signed in that way; and

• send a photograph or scan of the signed copy promptly to 1 holder, who is identified by him or her, of—

  • the document; and

  • all required photographs or scans of signed copies of it.

Clause 4(3) modifies section 11(5) of the Act in light of modifications made by clause 4(1) and (2).

Clause 4(4) modifies section 11(6) of the Act in light of modifications made by clause 4(1), (2), and (3).

The Minister of Justice is satisfied of the matters required by section 15(2)(b) of the Epidemic Preparedness Act 2006 for the reasons that follow.

It is important that people are able to make a will while the Epidemic Preparedness (COVID-19) Notice 2020 is in force.

During a lockdown period, people who live with other adults may be able to sign a will in the physical presence of 2 witnesses (for example, if no disposition in the will to or through a witness will be void under section 13 of the Wills Act 2007). However, people who live alone, or with 1 other adult, will not be able to do so. For those people, it is “impossible” or “impracticable” (that is to say, practically impossible) to sign a will in the physical presence of 2 witnesses. Moreover, even if a lower alert level applies, it is likely to be important for vulnerable people to remain isolated.

The modifications are—

• limited to modifying requirements, set out in section 11 of the Wills Act 2007, for signing and witnessing of wills; and

• temporary (they end when the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked).