Can you create a will whilst in self-isolation?

Coronavirus and Wills

During this very curious and rather worrying time, it may be that you have turned your mind to sorting out the ‘to-do’ list.  “Get Will done” is often one of those things that’s been languishing at the bottom of the list for many people.

There are various issues to bear in mind with regards to making your Will in the situation we currently find ourselves in, ranging from how to give your instructions to your solicitor when unable to meet face to face, to having the Will witnessed. How is one supposed to do that while self-isolating or if you are in the category of most vulnerable people who should avoid leaving their house or proximity with others?

Here’s the bit about signing!  

You do have the sign the document yourself – electronic signatures are not accepted on Wills. You also need the signatures of two witnesses and they do have to be physically present – again electronic signatures are not allowed. At the moment these requirements have not been relaxed to adapt for the current position.

To obtain the needed signatures, there are various ways this can be done in the current challenging circumstances. For example it may be that the witnesses could view the signing through a window in view of you and each other.  

When we send you your draft Will, we’ll include specific information about how to make sure you sign it correctly so that it will be valid.

Rules about witnesses

The rules state that the witnesses must:

  • be present at the time of signing
  • sign the Will to confirm they saw you (the Testator) sign
  • not be a beneficiary of any assets in the Will otherwise this makes the Will invalid
  • be of sound mind and know what they are witnessing (however they don’t need to see the contents of the Will)
  • be over the age of 18
  • be regarded as independent i.e. they must not be close relatives.

We understand your situation and our expert team are here to help

Get in touch to speak with someone who can help you move forward.

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Tees coronavirus update

We’re open and here to help you. We’re running as normal with our employees all working from home.

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You can call us as normal on 0800 013 1165 or email us: hello@teeslaw.com.

You can also find contact details for all our advisers here. 

As a flexible and technologically-adept firm, we already had many home-working systems in place. We have now rolled this technology out to all our employees working for clients, so they can continue to work normally - and from home.

If you are a client, please be assured you can get in touch with Tees and we are still working on your case. To replace face-to-face meetings, we have the facilities to do video-conferencing, conference calls or just speak on the phone, as you need.

Due to the circumstances, please call us if you would have wanted a home visit, and we can organise the best and safest way of being in touch.

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