Social distancing - would it be impossible to make a will at the moment?

[viccat]

So rather stupidly, I actually had a will prepared for my by a solicitor late last year but I decided I wanted to make a couple of changes before signing it, so it's not been signed. I never got around to having those changes made yet either so it's just a worthless piece of paper at the moment...

Now with social distancing and covid-19, is it impossible to make a will? In particular as you need two people to witness you signing it, I can't see how that would be possible now?

I actually wasn't sure who I would ask to witness mine anyway as the obvious people are named as executors/beneficiaries on it, and as I'm self employed, I don't have work colleagues.

I can't see why not - provided you sign while socially distancing then the next person signs to witness. You could cover their spot with a piece of paper so your hand doesn't touch it, and they have their own pen, and they could cover the next spot for the second witness.

I am having fun with this atm! Doing remote appointments then if client local I visit them by bike we stand in their garden all 3 metres away. Neighbour watches also 3 metres away. We have will in the middle of us client signs then us witnesses sign too all using our own pens. Fun times. Wills Act 1837 doesn’t allow for remote witnessing...witnesses can’t be beneficiaries or married to beneficiaries

I actually wasn't sure who I would ask to witness mine anyway as the obvious people are named as executors/beneficiaries on it, and as I'm self employed, I don't have work colleagues.

Anyone can witness a will. You can ask two strangers on the street, just as you can for a wedding. The important thing is that they see you sign, and then you see them sign, and it's all done at the same time, with you and both witnesses present and signing together.

I don't have a will, can you just write your own wishes and have them witnessed and it count even if it's not officially done by solicitors?

Are they big changes that you want to make, or do you just want to add on something, eg "I leave HollowTalk my Mulberry handbag"?

The witnesses actually have to be present and see you sign. If that can be done at 6 ft apart then it is ok.

I don’t think it’s an issue - sign while standing 6 feet away from them then back away from the paper, they come sign to witness it, then back away, then you come get the paper.

To be safe maybe they should use their own pen, and I suppose you should all wash hands afterwards.

I don't have a will, can you just write your own wishes and have them witnessed and it count even if it's not officially done by solicitors?

You can, but if it's anything more complicated than 'I leave all my possessions to my mother Mary Jones of 31 Laburnum Drive Bigtown' you'd be better seeing a solicitor to ensure you're not causing problems for your heirs.

@MaryHerbert I have 3 children it would just be leaving everything to them equally. I will definitely get a proper one done tho!

I made a will online recently for the same reasons. A very good company high google ratings recommended to me by a friend.

MyLastWill.co.uk

It was really quick and easy and is legally binding.

Have a look and try it.

Sorry just realise you've made it not had witnessed! Can you take it to work? Or you could sign it but 3m away from someone leave it on the ground they sign it etc etc but you all have to be present for the witnessing

Don't write your own will. As a solicitor who specialises in this area of law he makes way more money out of badly drawn up diy and will-writer wills, when it comes to probate, than he ever does from writing a will in the first place.

At present you can still have wills and probate done. The solicitors who specialise in this area are classes as key workers.

Dh is busier than ever writing wills and taking new instructions. He is getting all the instructions by phone. He then dictates the will instructions for his PA and secretary who prepare the final document and post it out.

When received the will must be signed by two independent witnesses.They are recommending using neighbours for this. But non contact - so posting or through the window, using plastic wallets and each party only touching one side each, and washing hands straight after.

The will is then sent by post back to the firm. DH goes in once a week to sort mail, as do the other solicitors in his department.

There are things afoot looking at alternative methods for the witnessing but at the moment it must still be a 'wet' signature and can't be done electronically.

You have to be present but the witnessing can be down through the closed window.

quite bold drafting your own will. Lots of my clients are solicitors too in different fields and they don’t write their own wills! For same reason I wouldn’t do my own electrics...

All the local solicitors are charging a lot of money for very basic Wills. Think I’ll end up doing my own for now & hoping it’s not needed/sufficient if it is 🤷🏻‍♀️

It was on my ‘desperately needs doing’ list, but hadn’t quite got to the top

Kept my prices the same but an independent. Lots of doctor clients last week 🙁

Dh's firm haven't changed their prices.
However, a properly drawn up will is rarely cheap/

Yes, DH has had a lot of doctors, medics, teachers and other key workers call up this past fortnight.

I'm a willwriter and have never been so busy.

I'm prioritising elderly/vulnerable clients and NHS frontline staff for appointments. Haven't increased fees and I wouldn't do so, that would be profiteering.

I've been advising clients to arrange for neighbours to watch them sign the wills in the garden, popping them over the fence for witnessing, or to watch the signing through a window, then immediately passing them through the letterbox for the neighbours to sign outside then pass back.

Alternatively if they're local, I've been visiting with my DH, observing the signatures and we've signed with a clean sheet of paper so we don't touch the actual wills, and using our own pens.

Of course medics can get colleagues to witness.

Wills aren't valid until they're correctly signed and witnessed so needs must.

Just to clarify, we use the clean sheet of paper to cover all but the small section we sign on!

DH just witnessed my parents new wills via the living room window and the letterbox.

We’ve just had the final drafts of ours in the post and will be doing the same.

Hill anyone who is a beneficiary or married to a beneficiary should not witness a will. Surely your solicitor explained this? The will is valid but any gift to you now fails.

@hillarea, if you're a beneficiary of your parents' wills, your DH can't witness them! Your parents need to ask their Solicitors to issue fresh copies pronto

Neighbours are your best bet

Possible but difficult!

We are also offering to re-sign Wills once things return to "normal" just in case they were not correctly executed.
I haven't been witnessing Wills myself but I have been on FaceTime/ zoom witnessing the witnessing so that I can make a file note setting out what I saw.
I am dreading the litigation that comes out of all of this.