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04 June 2020
Issue: 7889 / Categories: Legal News , Wills & Probate
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NLJ this week: Remote witnessing of wills

The accepted view that a testamentary witness must be physically present is ‘misconceived’, solicitor Nicholas Bevan argues in this week’s NLJ

Bevan, who recently supervised the ‘first online remote execution of a will’, says there is ‘near uniform consensus within the legal profession’ that s 9 of the Wills Act 1837 insists on the physical presence of witnesses. Bevan writes: ‘It clearly does not.’

Strangely, s 9 is both more ancient and more modern than the 1837 Act. It has its origins in 1677 and its last iteration was substituted by the Administration of Justice Act 1982. Bevan’s argument traces a line of case authorities interpreting the statutory formalities for a valid will in light of various technological advances. He concludes that a statutory intervention to permit the remote witnessing of a will is not required because the law already allows this.

He concludes: ‘Given that video evidence can be now be adduced in criminal and civil trials it seems oddly anachronistic to trenchantly insist that this 1982 Act requires nothing less than a close physical attendance, when the provision itself is silent on the point and when not a single case authority supports that proposition.’

Bevan has written an open letter to Alex Chalk MP, at the Ministry of Justice, arguing the case for a practice direction to set good standards.

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
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Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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