Lockdown Wills: Is Your DIY Will Valid?

During the COVID‑19 pandemic, many people took the sensible step of making or updating a Will. With health concerns, restricted access to solicitors, and fears about the future, thousands turned to do‑it‑yourself (DIY) Wills or rushed arrangements made at home during lockdown.

However, recent court decisions are now shining a spotlight on “lockdown wills” which has shown that many Wills are at serious risk of being invalid.

If you made a Will during the pandemic – particularly without legal advice – now is the time to have it reviewed.

Covid‑era DIY Wills

A surge in homemade and DIY wills during lockdown has left many estates vulnerable to costly legal disputes. While the intention was understandable, the reality is that Will writing is regulated by strict legal requirements, and even minor errors can invalidate the entire document.

Under the Wills Act 1837, for a will to be valid it must:

– Be in writing

– Be signed by the person making the Will (the testator)

– Be signed in the presence of two witnesses at the same time

– Be witnessed correctly, with the witnesses signing in the Will writer’s presence

To assist people during lockdown, the government temporarily allowed remote witnessing by video link. However, this concession came with complex procedural rules, and many people were unaware of – or misunderstood – what was required.

Improvised solutions such as signing through windows, in gardens, or at a distance dramatically increased the risk of mistakes.

The Dangers of Covid-Era DIY Wills

The dangers of pandemic Wills were brought into sharp focus in the recent High Court case of Coady v Coady (2025).

In this case, a Will made in April 2020 during lockdown was declared invalid because it had not been properly witnessed. Although the Will was signed at home with neighbours present, the court found that:

– The testator did not sign or acknowledge her signature in the simultaneous presence of both witnesses

– The witnesses did not sign the Will in her presence

– There was no clear line of sight between all parties

One small procedural failure was enough to void the will entirely. As a result, an earlier Will made in 2017 took effect instead – dramatically changing who inherited the estate.

Why Lockdown Wills Are More Likely to be Challenged

Legal specialists are now warning of an increase in challenges relating to Covid‑era Wills. Families who feel unfairly excluded are increasingly questioning whether lockdown Wills were correctly executed.

Key risk factors include:

– No solicitor present at signing

– Rushed or “emergency” arrangements

– Witnesses unsure about what they were signing

– Signing outdoors, through windows, or with obstructed views

– Reliance on online templates or DIY Will kits

– Poor record‑keeping of how the Will was signed

Around 10,000 Wills are contested each year in England and Wales – and that number may rise as pandemic wills come under closer scrutiny.

Disputes over Wills are not just emotionally draining for families; they are also expensive, time‑consuming, and often entirely avoidable.

Capacity Concerns During the Pandemic

Will writing procedures are not the only potential issue. Many pandemic Wills may also be vulnerable to challenge on the ground of lack of testamentary capacity.

The legal test for capacity – set out in Banks v Goodfellow (1870) and still applied by the courts – requires that the person making the Will:

– Understands they are making a Will and its effect

– Understands the extent of their property

– Can appreciate the claims of potential beneficiaries

– Is free from any disorder of the mind affecting their decisions

During lockdown, many people were dealing with severe illness, isolation, bereavement, anxiety, depression, or the effects of medication. Where Wills were made without professional oversight or medical evidence, challenges based on capacity are far more likely to succeed.

The Risk Caused by DIY Wills

An invalid Will can have serious consequences:

– An earlier Will may apply instead – possibly one you no longer agreed with

– Your estate may pass under the intestacy rules

– Loved ones may be excluded entirely

– Families may face lengthy court proceedings

– Legal costs can significantly reduce the estate

Crucially, by the time these problems emerge, it is too late to fix them.

How our Will Writing Team Can Help

Having your Will reviewed by a Will writing solicitor does not mean starting from scratch. A professional review can:

– Confirm whether your Will is legally valid

– Identify execution or witnessing defects

– Check that your wishes are clear and enforceable

– Ensure your will reflects current law and tax rules

– Reduce the risk of future disputes

With ongoing changes to inheritance tax planning – including pensions being brought into estates from 2027 – a professionally drafted Will also help protect your family financially.

If you made a Will during the COVID‑19 pandemic, or if you have once opted for a DIY at any time, particularly:

– At home

– Using a DIY or online Will service

– Without legal advice

– Under time pressure or illness

We strongly recommend having it reviewed as soon as possible.

A short review now could prevent years of stress, expense and family conflict later.

Howells Solicitors are one of the best Wills and Probate Solicitors in South Yorkshire. We have a strong record of great service and positive client feedback. We rank as one of the top law firms in South Yorkshire for Wills, Trusts and Probate on review solicitors. We also rank as one of the top law firms for Estate Planning Solicitors on the Three Best Rated website.

Looking to write, review or revise your Will? You can request an appointment at Howells.law or call us on 0114 2743481, or request a call back below.