Lockdown Wills: Are Covid-Era Wills In England And Wales At Risk Of Being Invalid?

During the Covid-19 pandemic, many people across England and Wales rushed to put a Will in place.

Those “lockdown Wills” were usually made with the best of intentions. However, recent court decisions are shining a light on how some Covid-era signing arrangements may not have met the strict legal requirements. That can create real uncertainty for families when the time comes to apply for probate or distribute an estate.

This article explains what went wrong with some lockdown Wills, what the law requires, and the practical steps you can take now to make sure your own Will is valid and up to date.

What Happened With Wills During Covid?

Lockdown restrictions and social-distancing rules in 2020 and 2021 made traditional Will-writing more difficult. Many people could not easily work with a legal professional, yet felt a strong need to get their affairs in order.

As a result, a lot of Wills were:

• Signed at home rather than in a professional setting
• Witnessed in gardens, on pavements or through windows
• Prepared using online templates or home-made wording

The government did introduce temporary rules to allow Wills to be witnessed over video link in limited circumstances. However, those rules sat on top of the existing law rather than replacing it, and they were easy to get wrong in practice.

At the same time, research such as the National Wills Report 2025 shows that many people still either do not have a Will at all, or have one that is out of date or potentially unclear.

What The Law Says About A Valid Will

In England and Wales, the basic rules for making a valid Will are set out in the Wills Act 1837. In simple terms, for most people:

• The Will must be in writing
• It must be signed by the person making the Will (the testator)
• That signature must be made or acknowledged in the presence of two witnesses
• Those two witnesses must also sign the Will, in the presence of the testator

These are strict rules. If they are not followed properly, the Will can be treated as invalid, even if everyone involved did their best at the time and believed they were doing it correctly.

On top of that, the person making the Will must have mental capacity, must not be under undue influence, and must understand what the Will does and who it benefits.

You may find it helpful to look at a general guide to writing a Will and information on what to include in a Will before you seek advice.

Why Lockdown Wills Are Being Challenged

One recent case, Coady v Coady (2025), involved a Will signed in April 2020, at the height of the first lockdown. The testator signed in her garden while the witnesses were nearby but not clearly able to see the signing or have the signature properly acknowledged.

The High Court decided that the legal formalities had not been followed. As a result, the Will was held to be invalid. The estate did not pass under that Will at all, but instead followed the rules that apply where a valid Will is not in place.

This type of case highlights several key risks with lockdown Wills:

• Witnesses standing at a distance, perhaps in the street or at a gate
• Signatures made indoors while witnesses watched through a window, but could not clearly see the document
• Witnesses signing at different times or not in the testator’s presence
• Confusion about how video-witnessed Wills should be carried out

Even small deviations from the legal requirements can give someone a reason to argue that a Will is invalid. Disputes like this are often only discovered after the person has died, which can be hugely stressful and expensive for the family left behind.

The Growing Risk Of Legal Challenges

Lockdown Wills are likely to face closer scrutiny, especially where:

• The signing arrangements were unusual or poorly recorded
• No professional was involved in supervising the signing
• There are family tensions or competing expectations about inheritance
• A person who benefitted heavily from the Will was also involved in arranging it

An unhappy family member, or someone who expected to inherit more, may seek advice and be told there is a realistic argument that the Will was not properly executed.

On top of execution issues, lockdown Wills may also be challenged on other grounds, such as lack of capacity, undue influence, or failure to make reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.

If a Will is found to be invalid, the estate might:

• Fall back on an earlier Will, which may no longer reflect your wishes
• Be distributed under the intestacy rules, as if you had never made a Will at all

Either outcome can be very different from what you intended and can easily lead to family conflict and formal claims.

If your family does face a dispute in future, professional probate support can help your executors navigate these issues. However, the ideal solution is to reduce the risk of a dispute arising in the first place.

What You Should Do If You Have A Lockdown Will

If you made or updated your Will during the Covid lockdown, it is sensible to review it now, rather than waiting until there is a problem.

1. Have Your Will Reviewed By A Specialist

A specialist in Wills and probate can:

• Check how and where your lockdown Will was signed
• Ask about the circumstances and who was present
• Look for any signs that the formalities may not have been fully complied with
• Review whether the wording still reflects your wishes and family situation

If you are concerned about your existing document, you can make or update your Will with a specialist Will-writing service that ensures the legal requirements are followed and that everything is clearly explained.

2. Consider Making A New Will

In many cases, the simplest and safest solution is to make a new Will, rather than trying to “rescue” a document that might not have been correctly executed.

A professionally drafted Will will normally:

• Include a clear clause revoking all previous Wills and codicils
• Set out your wishes in plain English
• Be signed and witnessed in a way that complies with the Wills Act 1837

By replacing a potentially problematic lockdown Will with a new, valid and up to date Will, you significantly reduce the risk of future arguments.

You can read more about how to sign a Will correctly in our recent article.

3. Keep Clear Records

If you do keep your existing lockdown Will, make sure you retain:

• The names and contact details of the witnesses
• Any notes or emails explaining how the signing took place
• Any video recordings, if it was a video-witnessed Will

If the Will is ever questioned, the executors may need the witnesses to confirm what happened, sometimes by signing a short statement (and occasionally an affidavit). If a witness cannot be traced or refuses to cooperate, it can delay probate and increase the risk of the Will being treated as invalid.

These records can help support the administration of an estate, but they cannot correct a Will that was not properly signed and witnessed at the time.

If you have any doubts about how your lockdown Will was executed, it is usually safer to put a new Will in place now, while you can control the process and choose appropriate witnesses.

Why Professional Legal Guidance Matters

Writing a Will is not just a formality. It is a legal document that determines what happens to everything you own, and who looks after things when you die.

Even correctly signed Wills can be challenged, for example if:

• The person making the Will did not fully understand what they were signing
• Someone put them under pressure to change their wishes
• They failed to make reasonable financial provision for certain family members or dependants

A properly advised, professionally drafted Will can:

• Reduce the risk of disputes and claims against your estate
• Make life easier for your executors and beneficiaries
• Help you plan for inheritance tax and protect vulnerable beneficiaries
• Sit alongside other planning, such as Lasting Power of Attorney for decisions in later life

Summary: Do Not Leave Your Legacy To Chance

Many Wills signed during the Covid-19 lockdown were made in unusual circumstances. While the intentions behind them were often admirable, some may not meet the strict legal requirements of the Wills Act 1837 and may now be vulnerable to challenge.

If you have a lockdown Will, now is a good time to:

• Check whether it was signed and witnessed correctly
• Consider whether it still reflects your current wishes and family situation
• Take advice on whether you should put a new, professionally drafted Will in place

A small amount of time spent reviewing your position now can save your family a great deal of uncertainty, cost and stress in the future.

Book Your Free Meet And Greet Call

If you made or updated your Will during lockdown and are unsure whether it is still fit for purpose, ELM Legal Services can help.

We offer a free, no-obligation “meet and greet” call with one of our Will-writing specialists. During this initial call, we will:

• Talk through when and how your lockdown Will was signed
• Highlight any potential risks or areas of concern
• Explain the simplest way to update, replace or re-sign your Will where needed

To arrange your free meet and greet, contact us today. We will get back to you to book a convenient time and help you put a clear, legally robust Will in place.

Frequently Asked Questions About Lockdown Wills

Can a Will made during Covid lockdown be invalid?

Yes. A Will made during Covid lockdown can be invalid if it was not signed and witnessed in line with the Wills Act 1837. For example, if the witnesses could not clearly see you sign, or you did not properly acknowledge your signature in their presence, the Will could be open to challenge later on. Video-witnessed Wills also had very strict rules which were easy to get wrong.

How do I know if my lockdown Will is still valid?

The only way to be confident is to have the Will reviewed by a specialist. A Wills and probate professional can check how and where the Will was signed, who witnessed it, whether the formalities were followed, and whether the Will matches your current wishes and circumstances. If there is any doubt, they will usually recommend signing a new, correctly witnessed Will.

Is it better to update an existing lockdown Will or make a new one?

In many cases, making a new Will is the simplest and safest option, especially if your original lockdown Will may not have been executed correctly or your life has moved on since then. A new Will that clearly revokes all previous Wills removes uncertainty and reduces the risk of disputes between beneficiaries.

Can a family member challenge a lockdown Will after I die?

Yes. Family members and other eligible claimants can challenge a Will on a number of grounds, including lack of proper execution, lack of capacity, undue influence, or failure to make reasonable financial provision. Lockdown Wills may attract closer scrutiny if the signing process was unusual or not clearly documented, which is why it is sensible to put a robust, professionally drafted Will in place now.