But where there isn’t, there’s a problem?
Nearly two thirds of UK adults don’t have a will. Why? Research from Macmillan found many simply “never got round to it“.
Now, in light of the rapidly evolving coronavirus pandemic, if making a Will has been on your to-do list for a while, you should not delay any longer.
I have been delaying making or reviewing my will? Have I left it too late now we’re in lockdown?
Many clients have been in contact sharing the same worry: they haven’t yet completed or even started making a will.
Although solicitors are now working remotely, we can all meet clients over Skype, WhatsApp or Facetime to take instructions. If clients are unable to use these methods, we can still use email and telephone calls.
We are ensuring that all clients are contacted and offered arrangements that suit them best when putting in place their will.
When dealing with older clients, our priority is to protect their health and well-being but we also need to make sure we properly assess their capacity to put in place a will. You will appreciate the Government’s guidelines are changing daily and we will do everything we can to keep on top of the changes.
What about witnesses?
For a will to be valid, it must be signed in the presence of two adult, unrelated witnesses who are not beneficiaries and who will also sign in your presence.
So at least three people need to be in a room together. This is very challenging for many people under the current circumstances. This is especially true for those who have been advised to self-isolate to protect themselves and others from coronavirus such as those over 70 or with underlying health conditions.
What if I get ill and need to go into hospital. Will my wishes regarding life-sustaining or end of life treatment be considered?
We are continuing to make both types of Lasting Powers of Attorney (LPAs) for clients: Property and Financial Affairs; and Health and Welfare.
These enable clients to choose who they would like to make decisions for them in the event they can no longer do so with regard to managing their property and financial affairs, or ongoing general health and welfare decisions.
However, an LPA can only be used once it is registered by the Office of the Public Guardian. Normally this could take up to between 8 to 12 weeks, but with the lockdown it is likely to be longer.
There are other options. Whilst waiting for a Health and Welfare LPA to be registered, you may wish to consider making an Advanced Directive (a living will). This is effective as soon as it is signed by the client. It can deal with wishes in relation to resuscitation and other matters.
It can only be used if you lose capacity and is more restrictive than a Health and Welfare LPA.
What should I do?
Stay in touch and watch this space. There could be some welcome good news for those of you who would like to make wills but feel they are unable to do so currently whilst self-isolating.
The problems with signing wills has been recognised by The Law Society, the Society of Trust and Estate Practitioners and the Solicitors for the Elderly who are in discussions with the Government. They propose that the rules for creating and signing of wills are temporarily relaxed to help all those involved.
In the meantime, the priority is for everyone to stay safe and well and to follow Government guidance. Stay in touch with us and we will be able to advise you how to sign your will safely whilst ensuring your will is valid, especially if the rules are relaxed in the near future.
If you are signing your will at home, we can guide you and provide clear instructions as to the process to ensure it is legally effective and binding. If you are worried about doing this yourself, then we would be more than happy to support you by guiding you through the process using Facetime, Skype or other methods sticking to the social distancing guidelines to provide you further comfort and peace of mind.
Above all, please keep safe and stay well in these difficult times.
