Wills requiring two independent witnesses in the presence of the will signer can still be made within the Covid19 protocols. This firm has been involved with the Law Society in coming up with practical solutions to this issue. See Law Society Gazette.
Other jurisdictions have dealt with this through passing specific legislation to the technical requirements for making a valid Will. With no sitting Seanad, legislation was not available initially which necessitated these practical solutions. Later there have been no changes introduced to the Succession Act rules regarding the witnessing of Wills despite the difficulties that Covid 19 lockdown and social distancing rules have imposed. While other jurisdictions have over time introduced remote witnessing, it is still a requirement in Ireland that an Irish Will is only effective if signed by a testator in the presence of two independent witnesses who sign as witnesses in the presence of the testator and in the presence of each other.
The provision of legal services, including the preparation and signing of a Will, is an essential service so travel is permitted to organise the effective signing of a Will. We are being inventive in relation to how best to carry out effective witnessing of Wills! Everyone must be present but many Wills are now being signed through open windows or in the open air on the bonnet of the car of the testator and the cars of each witness. ‘Presence’ can be socially distant!
