Coronavirus: Wills, A Possible Change in the Law…
Since the outbreak of COVID-19 all aspects of society have been challenged, forcing many of us to change and adapt our everyday routines.
For many, the law is often seen as rigid and slow to change with an emphasis on tradition and formalities. Despite that, The Law Society are in discussions with the Ministry of Justice to urgently change the requirements on the witnessing of Wills.
It is an established piece of law (set out in Section 9 Wills Act 1837) that in order for a Will to be valid it must be signed (or acknowledged) by the Testator in the presence of two independent witnesses who then sign the Will in the presence of the Testator.
Clearly, this aspect of the law is creating significant difficulties for those self-isolating or shielding and for those who are unable to arrange for two individuals to witness the signing of their Will.
At this stage it is unclear what these changes will be, if any. We have recently seen the Law Commission confirm that electronic signatures are legally valid but it remains unseen whether this will apply to the execution of Wills. There has also been a suggestion that we could move towards a system of ‘privileged Wills’ (set out in Section 11 Wills Act 1837) and currently only afforded to soldiers in actual service and mariners.
Moreover, it is unclear whether such changes will be a temporary measure or whether they will represent a significant change to the law on the witnessing of Wills for generations to come.
With the above in mind we would ask any of our current clients or prospective clients to give us a call on 01603 610911 or email us here to discuss their options in respect of their Wills, or indeed Lasting Powers of Attorney.
We would ask that any of our clients review the statement released by Tessa Bonser (and found here) which sets out how we can remain flexible in this challenging period.
Note: the content of this article is for general information only and does not constitute legal advice. Specific legal advice should be taken in any specific circumstance.