Warning: Covid-era ‘lockdown wills’ at increased risk of legal challenge

A surge in DIY wills during Covid-19 may have left some individuals vulnerable to flaws in the arranging of their affairs, lawyers have warned, as a recent case highlights the increased likelihood of legal disputes over inheritances.

Fears about widespread deaths during the pandemic pushed some people to rush to write or update their will at home without professional advice, in a bid to ensure their loved ones received an inheritance and in some cases to reduce the subsequent inheritance tax bills.

But evidence is now emerging that not all of these wills were properly written, increasing the risk of small errors that can void the document entirely and potentially triggering legal challenges over inheritances.

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, said the recent 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,” he said.

We look at why you should write a will – and which will writing services are most highly rated – in separate articles.

Problems with Covid wills

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 the pandemic’s lockdowns, 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 the recent case of Coady v Coady (2025) the will was ruled invalid after it was signed in a garden. Ultimately, the Judge ruled Kathleen Coady did not sign or acknowledge her signature in the presence of both witnesses, and that the witnesses did not attest and sign the will in her presence.

As a result, the Judge declared the 2020 will invalid because it was not executed in accordance with Section 9 of the Wills Act 1837 even with the temporary extension to legislation.

“One small procedural slip meant the will was thrown out – a warning for anyone with a homemade pandemic will,” said Downey.

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, lawyers said.

Downey explained: “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.”

“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,” he said.

Approximately 10,000 individuals contest wills every year in England and Wales, specialist lawyers told the Guardian.

This figure could rise further with new complexities around inheritance tax rules, which will see pensions included in the estate for tax purposes from 2027. On the other hand, a well drafted will can help reduce the inheritance tax bill your loved ones pay.