IAIN WANSTALL LEGAL INSIGHTS

Legal Insights: “Where there`s a Will, there’s a way” – even with social distancing!

More people want to review Wills and Powers of Attorney (POAs) now, but many have concerns about social distancing issues. I will cover some of these below.

How?

I always see clients face to face to understand them and their wishes fully, and to advise them. Pre-COVID-19, this was mainly at their homes. I still see clients face to face, whether in lockdown, self isolation or shielding, but now via videocalls. They receive the same level of advice and support as before, but with social distancing! It also provides more flexibility – whenever the client wants to meet.

Signing Wills

Wills must be signed and dated by the person making the Will (testator) in the presence of two independent witnesses, who then sign. Failure to comply currently risks the Will being invalid (1837 law).

How to comply with social distancing?

So far, I am using two main “workarounds”: • “over the garden fence” – Wills are signed either side of the garden fence by the testator and witnesses. •“through the window” – an option for clients who are shielding or self isolating. The clients sign indoors by the window with the witnesses / neighbours looking in. The Wills are then passed through the letter box for the witnesses to sign and return the Wills. (All with protective gloves.) These options also work with POAs and other documents.

Summary

COVID-19 does not mean you cannot prepare Wills or POAs, or receive less support and advice. This is all still available: with some creative thinking and flexibility! If you would like to find out more, please contact me on 01296 415700 or iain@wanstallconsulting.co.uk.

“Keep busy, keep well and keep smiling”!