Update: Will the law change of signing of a will

Kate Collins takes a look at recent developments regarding the signing of wills.  If you wish to discuss having a Will drafted or any other probate matter, please contact Kate Collins by emailing katec@bradleyhayneslaw.co.uk.

The Legal Gazette has confirmed that the Government is considering reforms to the probate legislation, but that any amendment made during the current lockdown restrictions must be weighed up against the protection of elderly and vulnerable people from fraud.

Alex Chalk MP (the Conservative MP for Cheltenham) has told Parliament that ‘the constraints of the Covid-19 situation must be balanced against the important safeguards in the law to protect elderly and vulnerable people, in particular against undue influence and fraud. Having two independent witnesses provides safeguards to those making Wills’.

Some legal practitioners have suggested extending the provision of ‘privileged Wills’, which allow members of the armed forces to draw up a Will quickly without the need for certain formalities including witnessing of the Will by two independent individuals.

We understand that Mr Chalk appeared to rule out such an extension of privileged wills, stating that military conditions do ‘not equate to the current civil circumstances’. He did concede, however, that the Government is considering the use of technology and the witnessing of documents by video conference.

The Legal Gazette has stated that the government risks missing the boat on emergency probate legislation if a decision is not made quickly, and that once an outcome has been agreed by ministers, it will need primary legislation to enact any changes to the Law.

Whilst the possibility of this update in legislation is welcomed by individuals and legal practitioners alike, it is important to stress that individuals should not delay in having a Will put in place whilst we wait this possible amendment to legislation. Delaying the drafting of a Will is clearly a risky option for testators who are already ill, or who could become ill rapidly, due to existing health conditions.

The Estates of individuals who pass away without having a Will in place will pass under the Rules of Intestacy, which means that the people or charities that they wishes to benefit from their Estate may be excluded completely. In some cases, the entirety of an Estate may pass to the Crown instead.

If you wish to discuss having a Will drafted, please contact Kate Collins by emailing katec@bradleyhayneslaw.co.uk.