One of the things many people think about in times like these (actually it also seems to be right before Christmas or going on holiday) is whether they have a will in place, or need to make changes.
We don’t want you to be anxious so here’s a few things to think about to put you at ease.
Signing and Witnessing
In the ordinary course of events a will needs to be in writing, signed by you and witnessed by two others. The witnesses cannot be people who will receive a benefit from your estate. Given the current lockdown situation, the ability to complete the signing and witnessing is likely to be very difficult to achieve.
However the Wills Act 2007 allows the High Court to declare a will valid, even if it hasn’t been witnessed correctly. We have to do a little more work to have the High Court declare a will valid, but it is possible.
Alternative
So if you are really concerned or just have some free time on your hands, we can:
- Discuss with you what you might want to put in your will
- Take your instructions and draft a Will
- If you are happy with the Will, we can by email and other means take sufficient instructions to enable an application to declare the draft will as valid by the court (only if the worst happens)
- Once we are all free to roam again, meet with you to complete the proper witnessing and execution of your Will
So if you are anxious (or just bored) and need some peace of mind, please get in touch with us.
While our office will be closed, our staff will be working from home and can assist with your needs (just be prepared for the occasional chatter of kids in the background)
If you aren’t really worried but want to know what happens if you pass away without a will, then see our article What Happened When Bob Died Without a Will
