Clapham & Collinge wills, trusts and probate solicitor Julie Sheldrake explains changes to the law around witnessing wills.
Covid-19 has brought into sharp focus the subject of death and dying. We are faced, more so than ever, with our mortality.
One of the most responsible matters that we can attend to is to have a will in place. Not simply "The will we did 25 years ago and can't quite remember exactly where it is", but a will that is up-to-date and can easily be located on death.
The restrictions of Covid-19 have meant that meeting our clients to prepare their wills in the usual way has been disrupted. Zoom, WhatsApp and Facetime calls have become our "new norm", alongside socially-distanced face-to-face meetings.
The law has now caught up with the reality of signing wills in lockdown. This is due to the fact that more people have sought to make wills during the Covid-19 pandemic. For some people shielding or self-isolating it is extremely challenging to follow the normal legalities of signing a will. Those legalities are that two persons should witness the will signing, with all being in each others' physical presence (the person making their will, witness one and witness two).
For those wills signed from January 31, 2020 the "presence" of those making and witnessing wills will be backdated to include a virtual presence, via video-link, as an alternative to physical presence. There are exceptions but these would be advised at our initial client meeting. The law will be effective from January 31, 2020 and up to two years from the changes coming into force (i.e. until January 31, 2022). Of course, with so much uncertainty around Covid-19, there is every possibility that this could be extended.
However, whilst the new approach offers flexibility, The Ministry of Justice still advises that the conventional route should be followed where at all possible.
Clapham & Collinge Solicitors is open to the new and necessary way of working, but, wherever possible, will stick with the established way of signing your will. Whilst a will could be sufficiently witnessed through a window or open door of a house or vehicle, from a corridor or adjacent room with the door open or outdoors in a garden, or now via video-link, we will always endeavour to meet with our clients wherever possible, adhering to full government guidelines. Only when that option has been discounted will be look at alternate means - with the new law behind us.
For more information, call 01603 693500, email enquiries@clapham-collinge.co.uk or visit www.clapham-collinge.co.uk
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