How has Coronavirus (COVID-19) affected making a Will?

Whether you are single, married, have children or not, a Will is essential.

A Will serves to distribute your property (estate), name an executor, name legal guardians for children and more. Having a Will also means that you (rather than the Law) decide who gets your property when you die.

We are all trying to adjust to a “new normal” amidst the COVID-19 pandemic, with many families and individuals approaching their affairs with an increased sense of reflection and pragmatism.

We have seen increased enquiries not only for Wills, but also for Advance Directives (‘Living Wills’) and Lasting Powers of Attorney.

Various Specialists, particularly those working in care for the terminally ill, have urged people to have “difficult conversations” about potential treatment and wishes after death. Baroness Ilora Finlay, of Cardiff University is one of those Specialists and has said patients “must let people know now”.

It’s important (during these unpredictable and difficult times) people are protected. At MTLS we can help you protect you and your family by taking your instructions, preparing your documentation and getting it to you with clear details on how to get it signed according to the current law.

Can you make a will during the coronavirus (COVID-19) pandemic in England and Wales?

Yes. There are various elements to take into consideration now, especially if you have/are still isolating or shielding. That said, there are various options and we are now safely (according to Government guidelines) visiting clients, but also operating virtually; via video calls. 

The Ministry of Justice (MOJ) states that: “the use of video technology should remain a last resort, and people must continue to arrange physical witnessing of wills where it is safe to do so.”

For elderly and vulnerable testators, the best advice is to execute a will or amend a will in the best way possible without a risk to health. For more advice and information on amending or making a Will safely, please contact us. 

Witnessing Wills during the coronavirus pandemic…

Before we can understand how the Will making process in England and Wales is being affected during the Coronavirus (COVID-19) ‘lockdown’, first it’s important to understand that a Will must be executed in accordance with Section 9 of the Wills Act 1837. 

This act states that no will is valid unless:

1. it is in writing, and signed by the testator, or by some other person in his/her presence and by his/her direction

2. it appears that the testator intended by his/her signature to give effect to the will

3. the signature is made or acknowledged by the testator in the presence of two or more witnesses present at the time

4. each witness either:

• attests and signs the will
• or acknowledges his/her signature in the presence of the testator (but not normally in the presence of any other witnesses), but no form of attestation shall be necessary

The coronavirus outbreak has meant that the final requirement, to have the signing of the Will witnessed has become challenging. That said, it has become easier with the easing of ‘lockdown’.

Normally, the witness needs to be physically present alongside the testator and sign the Will at the same time. However, many have been resorting to witnessing through windows, over fences or via video conferences instead; such as Zoom or FaceTime.

The UK Government are announcing plans to change the law, allowing Wills to be witnessed virtually, in England and Wales. 

These changes will be made via new legislation in September and it’s been reported reforms will be backdated to 31 January 2020. 

The changes aim to reassure the public that wills witnessed via video link are legally recognised and the changes will remain in place until 31 January 2022 or ‘as long as deemed necessary’.

You can see full guidance on making wills using video-conferencing in England and Wales on GOV.UK.

Mark Tucker, the founder of MT Legal Services has nearly 40 years of experience in matters regarding Wills and Probate. As a member of the Institute of Professional Will Writers, you can be sure that you’re in good hands when you employ MT Legal Services.

To book your FREE CONSULTATION, please get in touch!

T: 01604 591242

E: mark@mtls.co.uk