COVID-19 legal update – Wills

The current social distancing requirements are particularly problematic when it comes to dealing with the formalities for completing Wills

DIRECTOR, ROACH PITTIS By Ian Bradshaw

The execution of Wills is governed by section 9 of the Wills Act 1837 which provides that the testator must sign in the presence of two witnesses at the same time. Accordingly, there needs to be three people present, the testator and two witnesses who cannot be beneficiaries of the Will (or the spouse of a beneficiary). It is unlikely, for this reason, that a testator will be able to have people they live with act as witnesses due to the probability that they will benefit. Where independent witnesses are required, more often than not they will come from outside the household and this presents a challenge in complying with social distancing while also adhering to the formalities required to legally execute a Will. At present it is not possible to act as a witness remotely through video link, as the witnesses must be present when the Will is signed. Further, there is no current mechanism for the remote execution of Wills by electronic signature, in other words the Will has to be actually signed in person with the witnesses present. The government currently has no plans to relax the formalities under section 9 of the Wills Act 1837. This is under review, but until new legislation is passed the position with regards to the formalities required to execute Wills remains the same.

At present Roach Pittis are executing Wills through the window of our reception that adjoins our private car park, thereby preserving as far as possible the social distancing requirements while also complying with the formalities required under the Wills Act. Going forward we are adapting our offices to make them ‘Covid Secure’. This will allow us again to see clients inside the building to comply with the legal formalities needed to complete the Will. In order to make the offices ‘Covid Secure’ we are taking steps that include the installation of Perspex screens in our reception area. We are also equipping the premises with hand sanitizer stations and maintaining a sanitary clean environment including the use of disposable gloves. Our rooms will mainly be single occupancy, thereby limiting contact as far as possible between staff members with a view to keeping both our clients and our staff safe. This is a challenging time for everyone, but we will adapt so that we can continue to serve our clients in a professional and safe way.