There is a greater chance that lockdowns during the COVID-19 pandemic will be challenged in court

Some people rushed their wills due to the pandemic's pressures

Attorneys now claim that issues are emerging that might render them void.

Share Lawyers have cautioned that the rise in do-it-yourself wills during COVID-19 may have left some people vulnerable to mistakes in the planning of their affairs, as a recent case highlights the increased likelihood of legal disputes over inheritances.

In an attempt to guarantee that their loved ones received an inheritance and, in certain situations, to lower the ensuing inheritance tax bills, some people hurried to write or update their will at home without seeking professional advice due to fears of widespread deaths during the pandemic.

However, there is now evidence that not all of these wills were written correctly, which raises the possibility of minor mistakes that could render the document completely void and possibly lead to inheritance disputes in court.

The problem is brought to light in the recent Coady v. Coady (2025) case. Due to improper witnessing of the signature, the court declared a COVID will void.

The recent ruling may encourage more families to contest wills made during lockdown, according to Stuart Downey, head of TWM's will, trust, and estate disputes team.

"Decisions like Coady may now be seen as a reason to question whether the correct signing procedures were followed by relatives who feel they have been unfairly left out of a COVID-era Will," he said.

In separate articles, we examine the benefits of writing a will as well as the best will writing services.

Covid wills are problematic.

The Wills Act of 1837 stipulates that a will must be in writing, signed by the testator in front of two witnesses, and then signed by the testator.

Temporary legislation made it possible for wills to be witnessed via video link in order to assist will-makers during the pandemic lockdowns, but only under strict guidelines that frequently required multiple video calls so that everyone could see each other signing.

Because the will was signed in a garden, it was declared invalid in the recent Coady v. Coady (2025) case. In the end, the judge decided that neither Kathleen Coady nor the witnesses had signed or acknowledged the will in her presence, nor had they attested to it.

Because the 2020 will was not executed in compliance with Section 9 of the Wills Act 1837, even with the temporary extension to legislation, the Judge declared it invalid.

"Anyone with a homemade pandemic will should be warned that the will was thrown out due to a small procedural error," Downey stated.

During the COVID-19 pandemic, social distancing led to creative solutions like signing in gardens or through windows. Lawyers stated that although some wills signed in this manner might be legitimate, there is a much greater chance of errors and they are subject to contestation.

"Will makers and their witnesses should be in the same room at the same time, but this was not always possible during lockdown," Downey clarified. Will-making increased during the pandemic, of course, and those wills were probably signed at home rather than in a lawyer's office. A "

Similar to Coady, there will be other instances where no expert was present and the legal procedures were not followed. According to him, a brief legal review can spot problems before they develop into costly disputes.

In England and Wales, about 10,000 people contest wills annually, expert attorneys told the Guardian.

Due to new complexities surrounding inheritance tax regulations, which will include pensions in the estate for tax purposes starting in 2027, this number may increase even more. However, a well-written will can lower your loved ones' inheritance tax liability.