Increased risk of lockdown wills disputes

The surge in homemade “lockdown Wills” prepared during the pandemic is likely to lead to more legal challenges, says TWM Solicitors, a leading private wealth and family law firm. During COVID, many people made or updated Wills at home without a solicitor, increasing the risk of small technical errors that can void the document entirely. A recent case, Coady v Coady (2025), highlights the issue. The court ruled a COVID Will invalid because the signature was not properly witnessed. Stuart Downey, Head of the Will, Trust and Estate Disputes team at TWM says the judgment could encourage more families to challenge Wills made during lockdown: “Relatives who feel they have been unfairly left out of a COVID-era Will may now see decisions like Coady as a reason to question whether the correct signing procedures were followed.” Under the Wills Act 1837, a Will must be in writing, signed by the testator in the presence of two witnesses, who must then sign in the testator’s presence.

To help Will-makers during lockdown, temporary legislation allowed Wills to be witnessed by video link, but only if strict procedures were followed, often including multiple video calls so that all parties could clearly see each other signing. In Coady v Coady (2025), the Will was ruled invalid after it was signed in a garden. The witness was deemed not to have had a clear line of sight of the signature. One small procedural slip meant the Will was thrown out – a warning for anyone with a homemade pandemic Will. Social distancing during COVID led to improvised methods like signing through windows or in gardens. While some Wills signed this way may be valid, the potential for mistakes is far higher and leaves them open to challenge.

Stuart explains: “Will makers and their witnesses should be in the same room at the same time, but this was not always possible during lockdown. Naturally during the pandemic there was a spike in Will-making, and those Wills were more likely signed at home rather than in a solicitors’ office.” Stuart adds, “Like Coady, there will be other cases where the legal formalities weren’t followed because no professional was present. A quick legal review can identify issues before they become expensive disputes. If a Will-maker has lost capacity, there are still legal routes available, but getting advice early is crucial.” Anyone concerned about a Will signed during lockdown is encouraged to seek professional advice promptly. Coady v Coady was heard on 14 August 2025