Signing a Will during Coronavirus restrictions

If you would like to discuss putting a Will in place, please contact Kate Collins by emailing katec@bradleyhayneslaw.co.uk or by telephone: 01905 900919, so we can arrange a call back at a time to suit you. We are currently offering appointments to take Will instructions via Video-conference platform, Zoom.

Signing a Will during Coronavirus restrictions

There have been a surge of new matters where clients require a Will to be put in place, however, there is uncertainty as to how these new Wills are to be validly signed with self-isolation and social distancing measures in place due to the coronavirus pandemic.

The good news is that the Government is urgently looking to change the requirements regarding the witnessing of Wills following the coronavirus outbreak.

The Law Society and the Ministry of Justice are discussing ways to deformalise the signing of wills and to make it quicker to register for Lasting Powers of Attorney. Currently a will must be signed by the person making the Will and two independent witnesses (who are not benefitting from the Will, or married or in a civil partnership with anyone benefiting from the Will).

The current laws that set out the requirements were implemented in 1837. It is clear that the world in which we live has changed massively since that date of implementation and so there have been many requests for this legislation to be updated to reflect this position. It is currently unclear whether any new legislation agreed at this time would be later revoked, once the coronavirus crisis is over.

There are several potential options currently being considered, such as:

• an Australian-style approach which would give judges more flexibility when deciding what constitutes a will;
• a European-style system where testators could write wills by hand without witnesses;
• a process where wills could be witnessed electronically; or
• extending the ability for individuals to make a ‘privileged’ Will.

A ‘privileged’ Will is set out under section 11 of the Wills Act 1837. This allows for members of the Armed Forces to draw up a Will quickly, when they may not be able to comply with the usual formalities.

As yet, legal professionals are awaiting further updates regarding signing of Wills but stress the importance of not delaying putting such provisions in place. Further updates will be provided as soon as they are available from the Government.

If you would like to discuss putting a Will in place, please contact Kate Collins by emailing katec@bradleyhayneslaw.co.uk or by telephone: 01905 900919, so we can arrange a call back at a time to suit you. We are currently offering appointments to take Will instructions via Video-conference platform, Zoom.