Make a Will – Same-Day Remote Online Will-Writing Lawyers
We can help you make your will quickly and professionally. With our same-day remote online will-writing service, you will be getting access to our wills Solicitor who has been qualified for over 35 years. He will have a basic will drafted for you and sent electronically to you to sign (with signing / ‘witnessing’ instructions) during the call.
Call us on 020 8016 2146 to speak to our experienced wills lawyer Laurie Avadis directly or email info@avadis.co.uk today to discuss how we can help you make your will to take on board your wishes and requests for your loved ones.
Who can witness my Will with social distancing measures in place?
We as a nation have entered into uncharted territory as a result of the current coronavirus (COVID-19) pandemic. With our daily office trips and weekend activities stripped from our usual routine, we have been put in a state of unease about what we can and cannot do.
Although there are not many things we can control just now, one thing we can do is take this extra time at home to reflect on our estate planning. Getting your legal documents in order, especially your Will, is one of the best ways to use this time effectively.
We are here to help you through this unprecedented time, offering free initial consultations over the phone to discuss your specific case. You can contact us on 020 8016 2146 to speak to our experienced Solicitor, Laurie Avadis, for expert help making your will or for other legal advice.
The legal requirement for witnessing Wills
Measures to stay at home and self-isolate were put in place to help battle the effects of coronavirus. However, these restrictions are making it more challenging to prepare for the future, with many left wondering how they can write a new Will or revise their existing Will during this time.
As it stands, a Will can only be made in writing and by a person (the testator) who is aged 18 or over. Under normal circumstances, a new or amended Will in England must be witnessed and is only deemed valid when it is:
- Signed in the presence of two witnesses over the age of 18
- Signed by the two witnesses, in the presence of the testator
When the Will has been signed and witnessed, then it is considered legally valid. We can advise you on these points during our call.
Social distancing – can I still make a Will?
Under the current measures of social distancing and staying at home, there is confusion over what this means for having your Will witnessed. The law states a witness to a Will must be physically present, i.e. not through means such as video conferencing.
During this pandemic, this may still be possible if you live with someone who is not a family member or someone who stands to benefit from your Will, e.g. a friend or roommate. However, for those whose current household consists of only close relatives and beneficiaries, the situation becomes more problematic as using them as a witness will invalidate their entitlement in the Will.
Video witnessing of signing Wills – will this be the new norm in England?
Current laws around the signing and witnessing of Wills have been in place for more than 180 years, and are set out in the Wills Act 1837. To date, there have been no legislative changes to help with the current crisis, albeit various ideas of how to make a Will valid have been suggested. These include:
- Witnesses watching you sign the Will through a video link
- Ensuring witnesses remain the recommended distance of two metres apart from the testator at the time of signing
- In line with s.11 of the Wills Act 1837, extending privileged Wills – similar to those offered to those in the military service – to the public, so a witness does not need to be present for the Will to be valid
The Law Society is currently suggesting a video call for Will signing and witnessing, with detailed notes on how it was instructed and how the process was executed. It has also been recommended that, where appropriate, Wills are re-signed under normal protocol once social distancing measures are relaxed.
The Law Society has approached both the Ministry of Justice (MoJ) and the Solicitors Regulation Authority (SRA) about the legislative barriers to executing Wills amid the COVID-19 pandemic. While talks between the MoJ and the Law Society are still ongoing, some of the suggested options to adopt in the interim are:
- An Australian-style system that provides judges with more flexibility when determining what constitutes a valid Will,
- A European-style approach where testators could write Wills by hand without witnesses, and
- A process where wills could be witnessed by electronic means.
The Law Society has confirmed they will update their guidance as and when they have received further advice.
It is easy to understand why there may be hesitation for law reform around signing and witnessing Wills at this time. With so many Wills already being challenged in Court, there is concern that this figure could dramatically increase if witnesses were not physically present or nobody saw the testator sign the document.
If a Will is created and not properly executed, you could be opening the door for it to be challenged for undue influence and whether the testator was of sound mind. It is therefore crucial that we move forward with extreme caution, following legal requirements as closely as we can to ensure that any written or revised Wills during this period are valid in all senses.
Having the assistance of a qualified Wills lawyer can ensure your Will is not questioned for its authenticity in the future. While these current circumstances are rare, our team will aim to ease the strain by guiding you through the proper avenues to creating a legally valid Will.
Contact our Wills lawyers in Camden, London today
The COVID-19 pandemic has highlighted the importance of ensuring your Will and all estate planning is prepared for unexpected circumstances. While our office remains closed, we are fully available to speak with you today. Do not delay, contact us on 020 8016 2146 to speak to our experienced Solicitor, Laurie Avadis, for expert help making your will or for other legal advice.
The importance of sorting your Will in the times of coronavirus
According to the Law Society, the number of people looking to write new Wills in the UK has risen by at least 30 per cent following the outbreak of coronavirus. Nevertheless, the process of creating and amending Wills relies heavily on face-to-face interaction, which makes the government measures to stay at home and self-isolate more challenging.
It’s crucial that during this period, you do not delay getting your estate planning in order. Being in lockdown is an unusual situation to adapt to, however it has also created an opportunity for people to get overdue tasks completed, including writing or revising your Will.
We are always available to assist you and will continue to offer trusted guidance, no matter your legal need. To speak with a member of our team about your estate planning, call us on 020 8016 2146 to speak to our experienced Solicitor, Laurie Avadis, for expert help making your will or for other legal advice.
Wills and the effect of COVID-19
Having a valid Will in place is always recommended to safeguard your assets and ensure your loved ones will be looked after should something happen to you. It is important to note that finalising your Will is still achievable without infringing the social distancing rules, albeit more consideration has to be given to the process than normal.
As it stands, we should not be leaving our homes for reasons other than necessary food shopping, one form of exercise a day and, for those considered key workers, going to their place of employment. This, therefore, makes it feel almost impossible to ensure your Will is legally binding as it must be signed by you (the testator) as well as witnesses.
For a Will to be valid in England, it must be:
- Made voluntarily, without pressure from another person, and by someone of sound mind
- Made in writing
- Made by someone aged 18 or older
- Signed in the presence of two witnesses over the age of 18
- Have it signed by the two witnesses, in your presence
The future of video witnessing
As of 17th April 2020, there has been no changes to Will legislation that reflects the current restrictions. Numerous ideas have been proposed thus far, including:
- Witnesses watching you sign the Will through a video link
- Witnesses being physically present but remaining two metres away from the testator at the time of signing
- The use of privileged Wills, similar to those offered in the military service, so a witness does not need to be present
The Law Society has suggested video conferencing for the signing and witnessing of Wills, alongside detailed notes on the instruction and how it was executed. Where possible, the re-signing of Wills under standard procedures is also recommended following the lift of the current measures.
Conversations between the Ministry of Justice (MoJ) and the Law Society about how best to proceed in terms of executing Wills are still ongoing, however, suggested options to adopt in the interim include:
- A system that provides judges with more flexibility when determining what constitutes a valid Will, and
- An approach where testators could write Wills by hand without witnesses.
While the lack of official guidance can feel stressful, there is valid reason behind the thorough review of legislation before anything is legally adapted. If a Will is not properly executed, there is a higher chance of it being challenged in the future.
The priority at this time is to ensure that any documentation stating your wishes on your death is legally binding. To ensure your Will is not questioned for its authenticity, get in touch with our team today.
Can I make my own Will in England?
DIY Wills are now, more than ever, likely to be created due to the restrictions of leaving your own home. However, these types of Wills should be considered with extreme caution, as they can be tricky in terms of abiding with legal requirements and could result in the Will being made void if not carried out correctly.
That is why we remain fully available to assist you with your Will through video conferencing calls, helping you to ensure your Will is legally valid and will carry out your wishes on your death.
To Make a Will with our Same-Day Wills Service, contact our Wills lawyers in Camden, London today
Although this is a difficult time for everyone, the COVID-19 pandemic has brought to light why we have to be prepared for such unforeseen circumstances. That is why we will provide continued support throughout the lockdown measures, assisting you with your legal concerns. Do not delay, speak with our Wills and Estate Planning team today on 020 8016 2146 and we will help ease the stress that this crisis has caused.
*Please note this information is accurate as of 17th April 2020 and is subject to change as official guidance is adapted to reflect the implications of the virus.
