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Where there’s a will; there’s a way

04 June 2020 / Nicholas Bevan
Issue: 7889 / Categories: Features , Wills & Probate
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Is it a misconception that a witness needs to be physically present at a will signing? Dr Nicholas Bevan reports

Life is short and we all take an occasional shortcut now and then. In our private lives we do not hesitate to rely on the trusty sat-nav instead of undertaking the map-reading for ourselves. Some authors might even resort to a tired cliché for their article’s headline!

As busy professionals, most of us will occasionally have substituted a case header for the judgment we know we should have read. Sometimes we adopt the opinion of a trusted commentator, particularly when it is plausible.

However, this kind of referential behaviour can lead us badly astray. Even the most esteemed institutions and authorities, just like our sat-navs, can have a bad day. The present controversy over whether it is possible to execute a valid will over the internet using remote video technology, is a prime example of the blind leading the blind.

There is a near uniform consensus within the legal profession that s 9 of the Wills Act 1837

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