It is always sensible to have a valid Will in place. A Will ensures that you are in control of what happens to your assets when you die. It provides certainty about who should inherit from you, allows you to appoint Executors to manage the process and Guardians to look after any children under the age of 18. Having a Will can save time, money and stress at an emotionally difficult time.
In this time of adjustment to the changes in everyday life faced amidst the Covid-19 pandemic, many people are looking to ensure their affairs are all in order. I have seen an increase in the number of people looking to make Wills, or ensure that their current Wills are up-to-date.
The current restrictions, whilst sensible for everyone’s health and wellbeing, have led to a change in working practices and a certain amount of flexibility in approach to ensure that even during this difficult and worrying times, people are protected.
When it comes to taking instructions and advising on Wills, this is currently being done by telephone calls or video-conferencing, backed up by a comprehensive questionnaire. This allows me to prepare your Will in accordance with your instructions and this can be sent to you by either post or email as required.
A pragmatic approach is required to getting a Will signed legally. For a Will to be valid, two independent witnesses must see you sign your Will (in person – over a video link is not sufficient) and they must then sign the same document in front of you and in front of each other.
I am seeing and being told of a variety of quirky and ingenious ways of achieving this whilst still maintaining adequate social distancing. This includes witnessing through a window, over the garden hedge or across the bonnet of a car. Thankfully the weather remains conducive to these kinds of approaches.
The Ministry of Justice has considered whether there should be a temporary relaxation of the rules for the execution of Wills, but has said any such move would need to be balanced against the risk of fraud and protection of the elderly and vulnerable. My view is that, in most cases, at the present time the system we have in place is still workable and the risks of relaxing the rules far outweigh any potential benefit that would be achieved.
If you are concerned about your Will, or whether you have everything in place should the worst happen, please do contact me for a non-obligation initial discussion by emailing me at susan.fairless@star-legal.co.uk or telephone 01275 877 277.
In the meantime, everyone here at Star Legal hopes that life will return to normal as soon as possible and in the meantime, wishes everyone good health.