Changes are on the way to ease the process of making a Will, explains Julie Man, Partner at Russell-Cooke
The coronavirus has made every aspect of life more difficult, none more so than foresight and planning. Making a Will and estate planning have been on the mind of many, but the whole process has been hamstrung by the logistical difficulties of the early complete lockdown. The fact that many of those who are older or vulnerable and wish to make a Will are shielding and cannot visit their lawyer or be in the same space as witnesses.
Finally, in a recent ground-breaking update, the Government has caught up with this reality and has confirmed plans to recognise Wills in case of remote signing and witnessning.
The current position
Traditionally, when signing a Will you must:
- be 18 or over
- have capacity
- be making your Will of your own free will
- make it in writing
- sign it in the presence of two witnesses who are both over 18
- not leave your witnesses anything in the Will
The combination of lockdown and social distancing measures has made meeting the witnessing requirements difficult, especially for those who have been isolating or shielding. During the pandemic everyone has experienced how technology played an important role in helping people try to continue with their ‘normal’ daily lives as much as possible whilst adapting to the ‘new normal’. This was bound to happen in an age where everyone’s daily lives involve or are reliant on digital technology in some way or another.
Understandably, many have also been looking to technologies like Zoom or Facetime to find a solution to the Wills conundrum.
The proposed reforms
On 25 July the Government made moves to enable people to take “the incredibly important step to plan for the future by making a Will” so “that their last wishes can still be recorded at this challenging time, while continuing to protect the elderly and vulnerable.”
The Government has therefore suggested :
- introducing laws in England and Wales allowing Wills to be witnessed virtually
- backdating any changes to include Wills put in place since 31 January 2020
- reassuring the public that Wills witnessed by video-link are valid
maintaining these changes for as long as necessaryThe changes will be introduced through new legislation in September. However, the Government has said that using video technology should be looked at as a last resort. People must continue to adopt the current rules and arrange for the physical witnessing of Wills where it is safe to do so.
Wills witnessed through windows are only recognised as acceptable as long as there is clear sight of the person signing their Will.
Moving forward
By removing what is seen as a hurdle in the process, we open up the Will making process further to the public ensuring they can put in place Wills efficiently, effectively, and safely, especially for those who are isolating.
By applying the reforms retrospectively it also provides reassurance to those who have had to resort to these ways for the purposes of witnessing their Wills, at a time that they had no choice but to adopt these means.
At the heart of the reforms is the important recognition of enabling and making it easier for people to put in place a Will without unnecessary hurdles during the pandemic. However, the measures will remain in place for as long as necessary. The Ministry of Justice states the time period can be shortened or extended if needs be.
All other formal requirements still stand. In order to protect people against undue influence and fraud, the safeguard of requiring two witnesses (who are not beneficiaries) remains untouched. Electronic signatures will still not be accepted.
The policy will clearly need to continue evolving to react to the changeable circumstances of the pandemic with the Government modifying general guidance in response.
If you have any questions or wish to make a Will or Lasting Power of Attorney please contact our private client team in Kingston. We are ensuring that all clients are contacted personally and offered arrangements that suit them best when putting in place their Will.
Lastly and most importantly, we hope everyone – both clients and contacts – continue to stay well and safe in these difficult times. Russell-Cooke are Law Society-accredited, highly-regarded specialist lawyers. Find out more about our services and get in touch for legal advice on russell-cooke.co.uk.
Seeing as October 2020 is Free Wills Month, there’s never been a better time to sort out your finances, for both your and your family members’ peace of mind. Professional Will writers are offering their writing services free of charge in collaboration with a registered charity. Ensuring your Will is legally valid is always a good idea.
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