Making Or Updating A Will During Lockdown – Can This Still Be Done?

The number of people seeking to write new Wills this year has risen substantially due to the coronavirus pandemic but in an industry that relies on face-to-face contact, self-isolation, social distancing and the re-introduction of lockdown restrictions has made this challenging.

Below, we have answered some common queries we have been receiving on making or updating a Will during the coronavirus pandemic and the current lockdown.

Is it possible to create or update a Will during the coronavirus lockdown?

The current situation is, once more, understandably causing angst among people, particularly elderly and vulnerable clients who are currently self-isolating, and our Wills and Probate team are continuing to take calls and respond to emails from those wondering if it’s possible to make or amend a Will.

Clients have contacted us thinking it was impossible to get their affairs in order, but we’ve come up with solutions and adaptations to ensure we can continue to provide such a vital service throughout these uncertain times, while still practising social distancing and minimising person-to-person contact.

It’s clear from the increase reported across the industry that the coronavirus pandemic has made people think about just how crucial it is to make a Will and ensure it is kept up to date.

How can I make or arrange a Will with a solicitor during the lockdown?

Wills are quite personal documents and many clients prefer having face-to-face contact. However, they do appreciate that we can’t be sitting in a room together at present and their desire to put a Will in place is overriding that need.

Instructions can often be taken over the phone and the drafted Will can be sent to the client by e-mail or post for approval and amendment. Throughout the pandemic, one thing we have looked to do more and more of is to speak to our clients via video link, but we appreciate this can be an overwhelming and unsettling experience for the elderly.

What we have found works best is listening to people’s concerns, coming up with solutions and facilitating these in the easiest way possible. At Nelsons, we’re very lucky that, as solicitors, we’re able to work from home and we have done so since March. We have all the necessary technology that enables agile and secure working, meaning we’re still able to engage with and service our clients as we would in the office.

How do I get my Will witnessed during the coronavirus lockdown or while self-isolating?

Generally, by law, Wills have to be signed by the Will-maker in the physical presence of two witnesses, who also have to sign the document themselves. Neither witness can be those who stand to gain from the Will, nor be married to any such beneficiary.

However, due to the lockdown restrictions or if someone is self-isolating, the chances are they will be at home with the very people the Will may intend to benefit. Therefore, getting a Will finalised in the midst of the coronavirus pandemic can be more of a challenge. However, with a little thought and planning, this can usually be overcome.

Witnessing the signing of a Will can be done in a number of ways. For example, you could call your neighbours or your friends and arrange a meeting in your garden, driveway or street. Everyone should use their own pens, wear gloves and ensure they stand two metres apart. You could then place the document on a flat surface, such as a table or car bonnet, with each person stepping forward separately to sign the Will. Once complete, the Will should be placed into an envelope before gloves are removed.

It is of course very important that you take all precautions you consider necessary to execute the documents without risking infection ensuring you follow the advice issued by the Government applicable to your individual situation.

Alternatively, the Government has now announced temporary measures to allow the signing of a Will to be witnessed by video in England and Wales. This law will remain in place until 31st January 2022 or longer if required and will be backdated to 31st January 2020 – the day of the first confirmed case of the coronavirus in the UK.

However, there are very specific requirements to be followed when signing and witnessing a Will by video and, if you fail to observe these, your Will may well be invalid. We therefore strongly recommend that you do not attempt to do this without first taking detailed advice from a specialist solicitor.

Can I and my chosen witnesses electronically sign the Will?

No, this is not possible. There is a long-standing concern that e-signatures increase the scope for abuse and influencing factors, whereas a physical signature clearly identifies an individual, with witnesses supporting this. It’s important that Wills follow the legal requirements to ensure they are valid.