During lockdown, many people made Wills at home, often without professional advice and in difficult circumstances. While these Wills were often created with the best of intentions, some may not meet the strict legal requirements needed to be valid.
As families and executors now begin to deal with estates affected by ‘lockdown Wills’, questions are emerging about whether those Wills were properly executed – and therefore whether they are valid.
Why lockdown Wills are vulnerable to challenge
During lockdown, people often had no choice but to make important decisions quickly and informally. That included signing Wills at home, often without legal guidance, which increased the risk of mistakes.
Temporary legislation allowed Wills to be witnessed by video link – but only if strict procedures were followed. In practice, this often required multiple video calls so that everyone involved could clearly see each signature being applied.
Social distancing also led to improvised signing arrangements, such as witnessing through windows or signing outside. While some Wills signed in this way may be valid, the scope for error is far higher, leaving them more vulnerable to challenge.
There was also a spike in Will-making during the pandemic, with many documents signed at home rather than in a solicitor’s office, where execution would normally be carefully supervised.
Common issues include:
- Signatures not being properly witnessed
- Witnesses lacking a clear line of sight to the signing
- Uncertainty over whether formal requirements were fully met during remote witnessing.
Even small procedural errors can invalidate a Will, leaving families exposed to disputes at an already challenging time.
What the law requires
Under the Wills Act 1837, a valid Will must be:
- In writing
- Signed by the testator in the presence of two witnesses
- Signed by those witnesses in the presence of the testator.
Although temporary legislation during the pandemic allowed Wills to be witnessed via video link, these arrangements were tightly prescribed. Where the correct steps were not followed precisely, the risk of a successful challenge increases.
A recent case: Coady v Coady
The risks associated with improvised signing arrangements were highlighted in Coady v Coady (2025). In this case, the court found that a Will signed in a garden was invalid because the witness did not have a clear line of sight to the testator’s signature.
The decision reinforces an important point: even where intentions are clear, failure to comply with the required legal formalities can be enough to undermine a Will.
What this means for families and executors
While improvised signing methods were often unavoidable during lockdown, they increased the likelihood of technical defects in the execution of a Will. Any failure to comply strictly with the formal requirements can undermine the Will’s validity, and increase the prospects of a successful challenge.
For executors and beneficiaries, this can mean greater uncertainty, delays in administering an estate, and the risk of costly litigation – particularly where family members are already unhappy with the terms of the Will.
How TWM can help
TWM Solicitors’ Will, Trust and Estate Disputes team advises individuals, executors and families on the validity of Wills made during lockdown. We can review documents, identify potential risks early, and provide clear guidance on the options available.
Early advice is particularly important where the Will-maker has lost capacity or where tensions are already emerging between family members.
If you are concerned about a Will signed during the pandemic, seeking professional advice promptly can help protect your position and reduce the risk of future disputes.
