The Wills Act of 1837 confirms the power of every adult to make a Will to dispose of their estate. The rules lay out how a Will should be executed, and section 9 states:

No will shall be valid unless--
(a) it is in writing, and signed by the testator, or by some other person in his presence and by his direction; and
(b) it appears that the testator intended by his signature to give effect to the will; and
(c) the signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and
(d) each witness either--
(i) attests and signs the will; or
(ii) acknowledges his signature, in the presence of the testator (but not necessarily in the presence of any other witness),


Despite the virus pandemic, in England and Wales, the above rules still need to be followed which means to sign a Will, you still need two people to act as witnesses, who need to see you sign, and you need to see them sign. It is not possible at this point to sign over video for example, and for the witness to sign at a later time.

There is however a strong presumption that if a Will that LOOKS like it has been properly attested, it is usually accepted as being properly attested (i.e. signed and witnessed properly). If a Will was signed during the Covid-19 issues however, these Wills may be looked at in more detail, so it is vital that signing procedures are carried out correctly. It might be a good idea to video the signing, especially if an elderly person is signing, and especially if the Will might be deemed to be contentious - for example if the distribution of the Will is not equal between children, or anyone who might expect to receive an inheritance does not. Signing can be at a distance, so social distancing rules need to be followed.

Oliver's Wills will provide clear instructions on how to sign during this time, and we can also be present by video, so you are sure that this stage is completed properly. I have already heard that some firms may try to state that they are not responsible for the signing stage and therefore have no liability if something is challenged. This is perhaps tempting to do that, but it is far better to see everything through until completion, as we will with you. if you have any questions about the signing process, please leave a comment or get in touch directly.

One of the biggest changes in 2017 to the Will industry, was the introduction of a new inheritance tax allowance, called the Residence Nil Rate Band (RNRB). This allows individuals with children (which includes step-children) to gift an additional £100,000 on top of their £325,000 allowance, from April 2017. For example, if you had died in May 2017, you could potentially give £425,000 tax free so long as you were also giving equity in property, that you have lived in, to your children. The £100,000 will rise each year and so in April 2020 the allowance will be £175,000 per person.

Although this sounds fairly straightforward, it can cause issues! For example, you may want to give your spouse everything on first death, but if on second death the value of the whole estate is over £2m, then you may not be able to benefit from this new allowance at all, depending on how far over £2m you are (£2,250,000 for example, means you have no allowance left - so the most you can leave tax free to anyone other than your spouse will be £325,000).

We have spent many hours at Oliver's Wills, attending seminars and listening to industry commentators about this new allowance, and while it is a good thing if you have an estate over £325,000, and have residential property, and have children etc., everyone should get advice about how to plan for this allowance and whether your Will should be amended or left as it is.

I have been meaning to catch up on my blog for a long time! So much has been happening in the business and in law in general that sometimes it is hard to update things like this. For example there are changes to trust law, to inheritance tax law if you have a property worth up to a million pounds (from 2017) and cases on inheritance that are potentially going to change who you can leave your assets to (or not).

Business wise I have recently been made a Fellow of the Institute of Professional Willwriters which is great - which comes with long membership and several other factors - so I am very pleased I could make it!

Therefore it has been a busy year of training and updates and adapting these to my business. My clients will be happy knowing that they have wills that mirror recent changes in law when necessary.

I look forward to getting some more relevant posts up soon, but one change to the website is a change of chat provider. At the bottom right hand side of the website page is a box where you can leave a message or even chat live if I am online. I have moved to BoostChat and this gives an extra dimension to how we can give our potential clients information. Please try it if you have a question! If I am offline I will get a message and can still reply to you. 

Seen as something to get granddad when he starts to lose his marbles, a lasting power of attorney is far from a way to keep the gas bill paid. A lasting power of attorney ensures that your finances will be looked after if you lose the capacity to handle things yourself. For example a car crash may leave you physically unable to pay bills, complete purchases, deal with emergencies, or even to pay for the basics. Going into a coma is a similar situation, as is having a stroke.

A lasting power of attorney should be seen as part of a basic pack which every family should have. We are able to advise you on how to set one up, draft it for you and then submit it to be registered. The property and financial affairs LPA is the most common, while a health and welfare LPA deals with issues such what should happen when life support is required.

LPA's are very complicated forms - not so much as in completing them, but in the subtlety involved in what to write for restrictions, or in how your attorneys should be appointed. Luckily, Oliver's Wills is very cost effective, so please call us with your query! Thanks for reading!

I just came across a very interesting illustration of deaths in England and Wales for 2010. Take a look for yourself below! For a larger picture click here.

The Legal Services Board, which oversees the regulation of lawyers in England and Wales, have produced a report that shows solicitors and other providers, provide sometimes sloppy, badly written wills, to theft from the estates they are administering. It seems that regulation is 18 months to 2 years away, and there is a lot to agree on.

The Law Society suggested that only solicitors should be allowed to offer these services, but the LSB recognised that specialist providers (professional will writers) provide competition and have driven down prices for consumers. Indeed, many of the issues within the industry are caused by solicitors themselves. In some cases wills are passed to secretaries, or wills stored in barns. Of course the industry has been going through many changes, such as the rise of new qualifications and awards, and solicitors recognise they must be better qualified, as do professional will writers.

Change and regulation will be good for the industry I am sure, but this could drive up prices for consumers as well.

A BBC story today (see February 2012) explores some of the issues behind families attempting to hide properties or other assets from local authorities. The story tells of one family that was almost pulled apart by the decisions made. Deciding to hide the facts or even lie is a big step to take, but the way local authorities behave differs considerably.

The decisions taken nowadays to avoid paying local care home costs, while there is sufficient capital to do this, surely stems from one of two ideas: that the system is not fair, in that it asks for too much, leaving too little as an inheritance or that while there are legal ways to avoid the fees, they must be taken. There are certainly legal ways to help avoid nursing home costs, including property trusts, which include giving a lifetime interest to the survivor of the elderly couple. Talk to your will writer to see what options may be best for you. At the end of the day, the rules will keep changing, so is it ethical to say that while it is possible to avoid these fees, one should always try to do this?