Oliver's Wills Ltd - professional will writers
0800 3 345 245
  • Home
    • Privacy Policy
  • Our process
    • Preparing a will
    • Why wills fail
    • Will writer
  • Important will facts
    • Why have a will?
    • Inheritance tax
    • Insurance + trusts
    • Probate
    • Last Will
  • Power of Attorney
    • Power of Attorney - fee exemption rules
  • Oliver's blog
  • Contact us
    • Links
  • Downloads

Signing and making will in 2020 with Covid-19

14/5/2020

0 Comments

 
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.


0 Comments



Leave a Reply.

    About Oliver!

    Oliver has a mixed background in law and financial services, and he is focussed on providing will writing and other will services to our clients. The business expanded from a small regional business into a business with national coverage via video and with local consultants where possible.

    Oliver has a law degree, which included a specialist subject of wills and probate law, and passed the Legal Practice Course (LPC), which is the last step before training as a solicitor. We love the cost effective service we give though, and the high quality service we always aim to give.

    Archives

    May 2020
    January 2018
    September 2015
    September 2012
    May 2012
    April 2012
    February 2012
    November 2011
    October 2011
    March 2011
    February 2011
    October 2010

    Categories

    All
    Bank Charges
    Children
    Data
    Digital
    Diy
    Diy Will
    Indemnity Insurance
    Information
    Lasting Power Of Attorney
    Lpa
    Nursing Home Fees
    Probate
    Regulation
    Solicitors
    Twitter
    Uk Deaths
    Why
    Will

    RSS Feed

We are committed to your safety, and to help you arrange a Will or lasting power of attorney without needing a personal face to face appointment, we can also offer Skype, Zoom, FaceTime, Messenger or many other types of video calls.
​
Call us or use our contact us page for more details.

Picture
Call us on 0800 3 345 245 for more information!
Calls to 0800 numbers are part of your inclusive minutes for mobile phones so should be at no cost.
Oliver's Wills Ltd are Members of the Institute of Professional Willwriters No. 2154
Privacy Policy
​