Can I Still Make A Will Whilst In Lockdown?
Many essential services have struggled in recent weeks as traditional ways of working become increasingly difficult. Social distancing measures introduced to prevent the spread of COVID-19 have hindered the way some legal professionals are able to facilitate the increased demand for Wills.
Fortunately, here at Ashton Grace, we have been offering and providing our client services remotely for years. We did so alongside face to face client meetings. As such, we have been largely unaffected by the change in working practices. Rest assured that Wills have continued and do continue to be written by us.
Legal professionals have just needed to become a little more creative in the ways they ask testators and witnesses to sign a Last Will and Testament.
What has changed?
Wherever possible, people should stay at home and avoid meeting others to stop the virus from spreading and overwhelming the NHS.
This has had a huge impact on the way legal practitioners complete the Wills process where face to face meetings were usual practices. Fortunately, the impact at Ashton Grace has been minimal.
Under Section 9 of the 1837 Wills Act, a testator must sign their Will in front of two independent witnesses (witnesses who are not beneficiaries or executors of the estate). Whilst this was fairly easy in the past, quarantine advice makes this process almost impossible.
In order for our sector to continue producing Wills, many practitioners have used innovative solutions. Wills have been witnessed in gardens by neighbours, in empty car parks and even ‘drive-thru’ style Wills signings have taken place!
How can I comply with government advice and make a valid Will?
Testators should ensure that witnesses remain at least two metres from the testator and other witnesses and make sure that separate pens are used to sign the document.
Whilst the approaches in creating a valid Will are much changed at present, the process remains the same and we remain dedicated in ensuring virus-based restrictions do not prevent such an important document from being written.
Where there’s a will, there’s a way.
If you would like to speak to one of our expert Wills and Probate experts, ring us on 0203 488 3997 or email us at info@ashtongrace.co.uk