Lockdown Wills – new case highlights the prospect of potential problems amid rise in disputes

A Will witnessed from a back garden during the pandemic has been declared invalid because the proper signing procedures were not followed.

Although the rules on witnessing Wills were temporarily changed during lockdown to allow more flexible remote witnessing, this case clearly shows that the courts still expect certain strict criteria to be adhered to.

Five years on, the possibility that the requisite legal formalities and checks weren’t complied with at the time remains a risk and has led to concerns that more lockdown Wills could be subject to challenge and dispute as a result.

What is the background to this invalid lockdown Will case?

Kathleen Coady made a Will in April 2020 during the first Covid-19 lockdown in which she appointed her fourth son, Gerard, as sole executor and trustee, leaving the residual estate to him.

He’d had it prepared by solicitors to be signed at home.

This Will displaced one made in 2017 in which she named her eldest son, Peter, as executor, provided legacies to three of the five children (including Gerard), legacies to seven grandchildren, and the residue to Peter.

Peter challenged the Will arguing that his mother’s lockdown Will was not properly signed and witnessed.

How was this lockdown Will signed and witnessed?

The witnesses to Kathleen’s Will were asked by Gerard as an emergency measure. They came to the back garden, where a table had been set up about 10 to 12 feet from the open back door with Kathleen seated inside, six to eight feet from the door.

Gerard told the court he had read out the entire Will, confirmed Kathleen understood everything and followed all the necessary protocols regarding signing and witnessing.

However, one of the witnesses reported Katherine looked very ill and half asleep. The other said she was frail, silent and ‘like a zombie’.

They described the signing as rushed with some papers folded over or partially covered. It was also alleged Kathleen was not seen to sign the Will, that there was no acknowledgement of their presence from her, and that Kathleen could not see the witnesses when they signed.

The whole process, the witnesses said, took just two or three minutes and they were in the garden for less than five.

What did the judge decide in the lockdown Will case?

As part of the decision-making process, the judge required the Will to be read out in full – and timed. It took nearly six minutes casting doubt on Gerard’s claim he’d read it in its entirety to the witnesses who said they been in the garden for less time.

Ruling that Kathleen Coady did not sign or acknowledge her signature in the presence of both witnesses present at the same time, and that the witnesses did not attest and sign the Will in her presence, the judge declared the 2020 Will invalid because it was not executed in accordance with Section 9 of the Wills Act 1837 even with the temporary extension to legislation.

Why were the rules on Will witnessing changed in the pandemic?

During the pandemic, fuelled by anxiety, there was a surge in the number of people wanting to make and execute their own Wills, often from home.

At the start of the first lockdown, the law (which dates back to 1837) stated that for a Will to be valid it had to be signed in front of two independent witnesses both of whom were physically present.

A temporary amendment to the Wills Act came into force in September 2020 which allowed Wills to be witnessed remotely in England and Wales.

The strict social distancing rules in force throughout much of the Covid-19 pandemic meant many people had to find novel and unusual ways to have their Will legally witnessed.

This ranged from witnessing signatures over the garden fence to in the street and through windows to be able to ensure that everyone involved kept two metres apart.

Should I get my lockdown Will checked by a solicitor?

Yes. If your Will is not signed or witnessed correctly, your estate may end up being treated as if you had died without making a Will at all.

To be legally valid a Will must be:

• In writing, either printed or handwritten, and signed and dated by the person making the Will
• Witnessed by two non-beneficiaries, meaning two individuals who are not going to benefit from the Will in any way, be that property, money or belongings, and who are present to witness the signing.
• Made by someone who has the required mental capacity to do so, voluntarily and without being put under undue influence.

To have your Will checked by our lawyers, or to make or update one, please click here.

Get in touch

If you would like to contest or defend a Will, the help of a specialist lawyer is vital as every case needs to be looked at on an individual basis. Time limits also apply.

For help and advice, please contact Wards Solicitors’ Contentious Trusts and Probate Team.

Wards Solicitors’ team is praised by the Legal 500 Guide for 2026 for its broad contentious trusts and probate practice with a particular emphasis on Inheritance Act and Court of Protection matters.

We are also Bristol Law Society’s Regional Firm of the Year.