Will writing in the current pandemic

In light of current circumstances with COVID-19, the Law Society and Ministry of Justice are currently reviewing the requirements around witnessing wills, in an effort to make is easier for individuals to sign their wills during these uncertain times.

Current legislation provides that your Will must be signed by the testator (the person making the Will) in the presence of two independent witnesses. With the current lockdown, self-distancing and self-isolating provisions it is becoming increasingly difficult to meet such requirements.

Whilst matters are currently up in the air, here at Franklins Solicitors LLP we are trying other methods to meet our clients’ needs, not only with signing their Wills but also when taking instructions.

Initial instructions

Firstly, we are providing our clients with the firms Will Questionnaire by email and requesting that they complete the same so that we have as much information as possible to fully understand their requirements, potential issues and wishes.

Instead of bringing this to our usual face to face meetings, we are currently offering telephone appointments, Skype calls, Zoom and, in some circumstances, even Facetime.

Execution

Various methods for signing your Wills are currently being offered:

1. The Will can be posted out to the client for signing remotely. Before the Will is posted, a discussion of the Will clause by clause will be provided, together with a discussion as to how the Will needs to be signed and measures to be taken during this period of self-distancing and self-isolation. A briefing note will also accompany the bound Will for ease of reference.

2. A home visit can be arranged. This is usually offered to our clients but, in current circumstances, we are adapting the way in which such visit is conducted. Firstly, the Will is be bound and placed in an envelope well in advance of the meeting. Using disposable gloves, the Will is then removed from the envelope and placed on the doorstep, or even passed through a window, for the client. Maintaining a safe distance, the testator can sign the Will in the comfort of their own home whilst our staff witness. The will can then be passed back through the window/placed on the doorstep so that the testator can step back keeping a safe distance while the Will is then witnessed in their presence. We are strongly advising client to use their own pens and to wash their hands thoroughly. 

We understand that this is a worrying time for many individuals and wish to continue assisting our clients with the preparation of their Wills as far as possible. If you would like to get in touch with a member of the team to make/review your Wills, please contact the office on 01908 660966 / 01604 828282 or by emailed at wills@franklins-sols.co.uk.