17 April 2020
If your Will is not signed properly it might not be effective. Instead old-fashioned and restrictive intestacy law could govern the distribution of your Estate, which might not accord with your wishes.
To be valid, a Will must be signed in front of two independent, adult witnesses. The witnesses do not need to read the Will. However they do have to see the Testator (person making the will) sign the Will. They have to sign the Will too and add their own details (such as their address and occupation).
The witnesses cannot be related to the Testator. Nor can they be a Beneficiary (person who receives a gift in a Will), or the spouse of a Beneficiary either. If the spouse of a Beneficiary were to witness the Will, the gift would fail.
This is why signing a Will during the Covid-19 pandemic is problematic. Most people leave an inheritance to the people in their household, but your relations can't act as witnesses.
So who do you get to act as your independent witnesses?
You can ask your friends or neighbours to act as witnesses. Many people are signing their Wills in their gardens or out in the street.
You can sign your Will whilst standing two metres away from your witnesses. You can then place the Will on the ground and walk two metres away. Then each witness can individually approach the Will and sign and add their details.
It is important to each use your own pen and wash your hands thoroughly after touching the Will. The virus could be transmitted by touching the document itself.
This method is in keeping with the “line of sight” rule, which requires the witnesses to be able to see the Testator when signing. As a result of new legislation it is possible to witness a Will by video conferencing in emergency circumstances.
The consequences of getting this wrong can be far reaching. So you might want a professional to help you prepare your Will. Specialist solicitors have the knowledge and experience to confirm whether it is witnessed correctly.
Can I still make a WiIl with a lawyer during lockdown?
We continue to work with clients to prepare their Wills. Our lawyers can speak to via telephone or video conferenging to take your instructions and advise you. We can send draft paperwork to you by email or by post.
We can also help you to avoid problems. We highlight any reasons why the Will may be contested in the future and provide solutions.
If you would like more information about making a Will please call our Bournemouth office to get in touch with one of our trusted and experienced solicitors.
Please note, this is not legal advice. It is intended to provide information of general interest about current legal issues.
