Video Wills in the UK: Are They Legal?
You may have seen US content about “video wills” or heard that COVID changed the rules on witnessing. The short answer: video wills are not valid in England and Wales, and the COVID remote witnessing rules expired in 2022. Here is the full picture.
The short answer: No
A video recording of you stating your wishes is not a valid will in England and Wales. It cannot distribute your assets, appoint an executor, or name a guardian for your children.
Under s9 Wills Act 1837, a will must be: a written document, signed by you, in the physical presence of two independent witnesses, who also sign. A video cannot satisfy any of these requirements.
The concept of a “video will” comes primarily from US legal content. Some US states recognise video wills under specific conditions, but this has no application in England and Wales. If you are relying on a video you made instead of a properly executed written will, your estate will pass under the intestacy rules — which may not reflect your wishes at all.
What the Wills Act 1837 Actually Requires
Section 9 of the Wills Act 1837 (as amended by the Administration of Justice Act 1982) sets out five requirements for a valid will:
In writing
The will must be a physical written document — handwritten, typed, or printed on paper. This requirement cannot be satisfied by a video, an audio recording, or a purely digital file.
Signed by the testator
You must sign the will — usually at the foot, though a signature elsewhere can be valid if it is clear it was intended to authenticate the document. An 'X' or other mark is also acceptable.
Two witnesses present simultaneously
Both witnesses must be present at the same time when you sign (or acknowledge your signature). They do not have to have read the will — they just need to see you sign.
Witnesses sign in your presence
Each witness must sign (or acknowledge their signature) while you are still present. They do not have to sign in each other's presence.
Independent witnesses
A witness cannot be a beneficiary under the will, or the spouse/civil partner of a beneficiary. If a beneficiary witnesses, the gift to them is void (though the rest of the will remains valid).
What Happened During COVID — and Why It No Longer Applies
During the COVID-19 pandemic, the UK government temporarily changed the witnessing rules to allow remote witnessing via video link.
The temporary measure
The Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020 came into force on 28 September 2020 (retrospective to 31 January 2020). It allowed witnesses to observe the testator signing via video call — they did not need to be physically present in the same room.
This measure expired on 31 January 2022. Any will made after that date where the witnesses observed via video (rather than in person) is invalid under current law.
What You CAN Legitimately Do With Video
Video has no legal standing as a will — but it can be a useful supplement to a properly made written will:
Explain your reasons
A video explaining why you made the decisions you did — why you left more to one child, or why you excluded someone — can help defend against a challenge based on alleged lack of testamentary capacity or undue influence. Courts will sometimes consider such evidence when interpreting a testator's intentions, though it is not conclusive.
Personal messages
Many people record video messages to specific beneficiaries to be watched after their death — words they did not want to put in a formal document. This has no legal effect but can have significant personal and family value.
Practical guidance for executors
A video can explain where documents are kept, the pin for the safe, or the nature of a particular relationship that might otherwise confuse executors. This is supplementary information, not a legal instruction.
Clarity on disputed points
In probate disputes, video evidence of the testator talking about their estate — close to the time the will was made — can be used as evidence of their mental capacity and settled intentions. It does not override the written will but may assist courts in resolving ambiguity.
Will the Law Change? Electronic Wills and Remote Witnessing
The Law Commission of England and Wales has been working on modernising will-making since 2017. Its Supplemental Consultation Paper (March 2023) specifically examined electronic wills and remote witnessing.
What the Commission proposed
- → A framework for electronic wills (digitally signed, stored on approved platforms)
- → Remote witnessing as a permanent option with safeguards
- → Judicial discretion to admit wills that fail formal requirements but clearly reflect the testator's wishes
Where we are now (2026)
- → No legislation has been enacted
- → The Wills Act 1837 requirements apply in full
- → Electronic wills and remote witnessing remain invalid
- → Reform requires an Act of Parliament
Frequently Asked Questions
Are video wills legal in England and Wales?
No. A video recording of someone stating their wishes is not a valid will under English law. Section 9 of the Wills Act 1837 requires that a will be: (1) in writing; (2) signed by the testator; (3) the signature made or acknowledged in the presence of two witnesses present at the same time; and (4) each witness signing in the testator's presence. A video cannot satisfy the requirement of being 'in writing' — a document must be a physical written text. Even if a court could theoretically construe a video as 'writing,' the testator cannot 'sign' a video recording. Video wills are a concept from US law (and then only recognised in some states under specific conditions) and do not exist in English law.
What happened to the COVID remote witnessing rules?
During the COVID-19 pandemic, the UK government introduced a temporary measure that allowed wills to be witnessed remotely via video link — as an exception to the normal requirement that witnesses be physically present. This was implemented by the Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020, which came into force on 28 September 2020 with retrospective effect from 31 January 2020. However, this was always a temporary measure. It expired on 31 January 2022. After that date, the normal rule applies: both witnesses must be physically present in the same room as the testator when the testator signs (or acknowledges their signature). Any will made after 31 January 2022 using remote video witnessing is invalid.
What are electronic wills and are they valid?
An electronic will would be a will created, signed, and stored in digital form rather than on paper. Electronic wills are not currently valid in England and Wales. The Law Commission of England and Wales has been working on modernising the law around wills, including examining the potential for electronic wills and remote witnessing as a permanent feature. The Commission published a Supplemental Consultation Paper in March 2023 seeking views on electronic wills, but as of 2026 no legislation has been enacted. Until Parliament passes new legislation, the Wills Act 1837 requirements apply: a physical written document, signed in ink (or at least in a way that leaves a physical mark), witnessed by two people physically present.
Can I use a video to record my wishes instead of a will?
You can make a video recording of your wishes as a supplement to a properly made written will — but it has no legal standing on its own. A supplementary video can be useful to: (1) explain the reasons behind controversial decisions (why you disinherited someone, or why one child received more than another) — this can deter challenges based on alleged lack of testamentary capacity or undue influence; (2) record personal messages to specific people; (3) explain where documents are stored, or provide context that would help executors. Courts have occasionally considered video evidence in probate disputes to help interpret a testator's intentions. However, a video cannot distribute your assets, appoint an executor, or substitute for a will. If you die without a properly executed written will, the intestacy rules apply — not your video.
Will the law on video wills change in England?
The Law Commission of England and Wales has been actively consulting on will reform, including the possibility of electronic wills and remote witnessing. The Commission's Supplemental Consultation Paper (March 2023) proposed: (1) a facility for electronic wills, subject to safeguards; (2) permanent remote witnessing in certain circumstances. However, legislation has not yet been introduced as of 2026, and the Law Commission's original target timeline for reform has slipped. Any reform will require an Act of Parliament. Until then, the 1837 Act applies in full. Check gov.uk for the latest status of the Law Commission's Wills project.
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