Will writing through times of Coronavirus

Kate Collins takes a look at will writing through the times of Coronavirus.

If you want to discuss putting a Will or Power of Attorney in place, please contact Kate Collins on katec@bradleyhayneslaw.co.uk or 01905 900919.

During this time of epidemic, it is vitally important to protect one another from the threat of disease and remain mindful of official advice on self-isolation and social distancing.

Delaying the drafting of a Will is clearly a risky option for testators who are already ill, therefore practitioners are required to offer different options in relation to taking such instructions and assessing mental capacity.

Some solicitors are adopting the practice of signing off at the direction of a testator after going through the document with them through a window, however, some advice suggests that the virus could survive on paper for up to 12 hours, therefore, could be transferred from person to person, just by handling a draft Will.

We are offering initial telephone or email advice regarding Will provisions and taking Will instructions via Videoconferencing platforms before emailing draft and later finalised Wills to clients with clear instructions on how they are to be validly signed.

One difficulty that Will practitioners are experiencing at the moment is attestation by two witnesses at the same time, whilst maintaining personal separation. There is some very old case law (Casson v Dade, 1781) that suggests that it may be sufficient to have two witnesses who are in line of sight although not in the same room, but this does have the potential to be challenged.

Additionally, it is not currently possible for Wills to be validly signed by way of electronic signature. Due to this, clients will need to make suitable arrangements for suitable witnesses to visit them whilst maintaining suitable distances and whilst complying with government advice.