How to Challenge a Will Signed Remotely

Challenging a will that was signed remotely involves specific legal and procedural issues in England and Wales. This is because the law has strict rules about how wills must be executed, including how they are signed and witnessed - and recent temporary changes to allow remote execution have now ended. If a will was signed remotely and there are concerns about its validity, this article explains the legal grounds, how the law applies, practical steps you could consider, time limits, risks and common questions for those seeking to understand their options.

Remote Signing and Will Validity

Under the Wills Act 1837, a will is only valid if it meets formal requirements. A key requirement is that the will must be signed by the testator (the person making the will) in the presence of at least two independent witnesses, who must then attest and sign the document. Traditionally, this presence has meant physical presence.

During the COVID‑19 pandemic, temporary legislation allowed wills to be witnessed via live video link between 31 January 2020 and 31 January 2024 if strict procedural steps were followed. That temporary regime has now ended, and wills signed remotely after that date generally do not meet the formal witnessing requirements unless they were made while the exception was in force.

Why Remote Signing Matters in Will Challenges

Proper witnessing is essential to a will's validity. If a will was signed remotely in circumstances where the temporary COVID‑19 regime did not apply, it may be at risk of invalidity because:

• the only available formal method for executing a valid will in 2025 and beyond is physical witnessing by two independent persons, and
• remote methods that rely on video links are no longer recognised for wills executed after the expiry of the temporary law.

A will that lacks valid execution is open to challenge on grounds of lack of due execution.

Legal Requirements for Valid Execution of a Will

Section 9 of the Wills Act 1837 sets out the required formalities, which still apply:

• the will must be in writing, and
• the testator must sign it, or acknowledge their signature, in the physical presence of two or more witnesses present at the same time, and
• each witness must sign in the presence of the testator.

Remote signing by video link is not recognised now except for wills executed while the temporary rules applied.

When Remote Signing Was Temporarily Legal

Between 31 January 2020 and 31 January 2024, a statutory amendment allowed remote witnessing via live video link, provided strict conditions were met. These included:

• all participants on live video during the signing,
• witnesses seeing the testator's signature in real time, and
• the same physical document being signed by the testator and then by the witnesses.

Wills executed in that period following the temporary regime's procedural requirements are generally regarded as valid today.

Grounds for Challenging a Remote Signed Will

1. Lack of Due Execution

If the will was signed remotely after the temporary regime expired on 31 January 2024, or if it was signed during the temporary period without complying with the precise procedural steps, it may be invalid for lack of due execution. A court challenge on this basis asserts that the statutory formalities in the Wills Act 1837 were not met.

To succeed, you would need to demonstrate that:

• the will was not signed by the testator in the physical presence of two witnesses, or
• the witnessing did not comply with the legal formalities, including the temporary rules that applied at the time.

2. Allegations of Fraud, Undue Influence or Lack of Capacity

Challenges to a remotely signed will can also be based on other common grounds such as:

• fraud or forgery,
• undue influence or coercion, and
• lack of testamentary capacity.

These grounds can apply whether a will was executed remotely or in person, but problems in the execution process - for example, not seeing the document fully or a lack of independent presence - can give rise to additional questions about whether the testator truly understood and intended its terms.

Evidence Required in a Challenge

When challenging a will for lack of valid execution due to remote signing issues, it is important to gather evidence that shows:

• how the will was signed and witnessed,
• the date of execution and whether it fell within the temporary regime,
• whether the procedure met the detailed requirements in force at the time, and
• statements or testimony from witnesses or participants in the signing process.

If procedural steps were not followed strictly for a remote signing, this evidence may be central to a successful challenge.

Procedural Steps to Bring a Challenge

1. Review the Execution Documentation

Obtain a copy of the contested will and any accompanying notes about how it was signed and witnessed. Establish whether remote signing occurred and, if so, when.

2. Assess Grounds for Challenge

Identify whether you intend to challenge based on lack of valid execution, or whether additional grounds such as capacity or undue influence also apply.

3. Professional Advice

Contentious probate disputes are legally complex. Specialist advice from a solicitor experienced in wills and estate litigation is crucial to evaluate your case and develop the right strategy.

4. Possible Early Actions

If probate has not yet been granted, you may explore entering a caveat to halt the grant while you prepare your challenge.

5. Issuing Court Proceedings

If resolution cannot be reached informally, you or your legal representative will need to issue a claim in the appropriate court (usually the High Court or County Court probate list) setting out your grounds and evidence.

Time Limits and Practical Considerations

There is no strict statutory time limit for validity challenges to a will on grounds such as improper execution due to remote signing issues. However, delay can significantly weaken your position because:

• evidence may become harder to obtain as time passes, and
• assets may have been distributed already if probate has been granted, making recovery of assets more complex.

If you are also pursuing a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (for inadequate financial provision), that separate claim generally must be made within six months of the grant of probate. (General principle; see GOV.UK guidance)

Risks and Possible Outcomes

Legal Costs and Burden of Proof

Challenging a will can be costly. The burden is on you - the claimant - to prove that the remote signing did not comply with legal requirements. Unsuccessful challenges can lead to costs being awarded against you.

Outcomes if Successful

If the court declares the will invalid for failure to meet execution requirements, any earlier valid will may take effect. If no earlier will exists, the estate will typically be distributed under the rules of intestacy.

Common Questions About Remote Signed Wills

Can remote signing ever be valid now?
Wills executed remotely between 31 January 2020 and 31 January 2024 under the temporary legislation are generally valid if the required procedure was followed. Remote signing after that date is not recognised as valid in law.

What if witnesses saw the signing on a recording, not live?
Witnessing by pre‑recorded video is not legally valid. The temporary regime allowed only real‑time witnessing.

Should you re‑sign a remotely executed will?
If a will was executed using remote procedures during the temporary period, it may still be valid. However, some solicitors recommend having it re‑executed with physical witnessing now where possible to avoid ambiguity and future disputes.

Does lack of physical presence automatically make the will invalid?
If the will was signed after the temporary regime ended and lacks valid physical witnessing as required by the Wills Act 1837, that could lead to invalidity, subject to challenge in court.

Key Takeaways

Challenging a will that was signed remotely in England and Wales involves careful analysis of how the will was executed and whether it complied with legal requirements. Temporary legislation during the COVID‑19 pandemic allowed remote witnessing between 2020 and 2024 under specific conditions, but that regime has now ended. If a will was executed remotely outside those provisions or without adherence to the required steps, it may be vulnerable to a challenge on the basis of lack of due execution. Grounds for challenge may also overlap with other issues such as lack of capacity or undue influence. Prompt action, evidence gathering and specialist advice are key to navigating the process effectively and protecting your legal rights in contested probate matters.