SWINDON-BASED law firm Royds Withy King is taking the unusual step of using WhatsApp to ensure that people with coronavirus have the chance to create or update a will while staying in isolation.

Amanda Noyce is a partner in the Wills and Probate team at the firm and explained that wills made or amended in this way would still be valid.

She said: “We have seen a significant interest from individuals wanting to either create or update their wills, but the strict lockdown regime has made the physical witnessing of wills all but impossible. We are having to think creatively to ensure that their final wishes are recorded.

“We have recently acted for a very ill individual with Covid-19, taking instructions from him via a WhatsApp video call. We were able to check that he was alone in the room to ensure he was not being coerced and then recorded his wishes.

"A draft will was emailed to him. The signing of his will was witnessed by his solicitor via a second video call and the solicitor’s wife. Both the solicitor and his wife signed the will as witnesses.

“The received wisdom in legal circles is that this may not be a truly valid will as the witnesses were arguable not ‘in the presence’ of the individual when signed, as stipulated by the Wills Act 1837.

“Unfortunately, while photography was proving very popular in the 1830s, law makers at the time did not envisage film and video calls let alone a worldwide pandemic.

"The Law Commission, when reviewing the legislation in 2017 did not take into account highly contagious individuals and the making of a will via video technology.

“We believe that many families will choose to accept wills witnessed by video as being valid, reflecting the true last wishes of a family member.

"But there will inevitably be those who would wish to challenge the terms of such a will. There will probably have to be a test case after lockdown eases to assess whether the judiciary believes that ‘presence’ can mean ‘via video link’.”

Royds Withy King is a firm of lawyers with expertise including corporate, real estate and private wealth and advises in a number of key sectors. Clients include individuals through to multi-national FTSE companies.