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

28 replies

viccat · 04/04/2020 15:58

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.

OP posts:
HillAreas · 05/04/2020 18:00

The solicitor said it was acceptable as DH is not specifically named in the will. We are in Scotland so maybe it is slightly different.

viccat · 05/04/2020 18:00

Thanks everyone, that's helpful. I was mostly worried the witnessed signature would somehow be contested if it was dated during this period, as everyone knows we shouldn't really be in the same room with unrelated people at the moment.

Sounds like I could get the will changed as I want and sent to me by email from my solicitor, and I could possibly ask in our local covid-19 help neighbourhood FB group if any two people would mind coming outside my house for the signatures.

OP posts:
MsTSwift · 05/04/2020 18:11

Hill it may be different in Scotland but in England any beneficiary loses their benefit under the will if they or their spouse witnesses the will

Frankly this is causing us in the profession a headache the talk forum I am on has judges worrying about this - the wills act 1837 doesn’t anticipate FaceTime or remote signings...I have rural clients socially isolating would be ideal if dh (another solicitor now wfh) and I could witness their wills remotely but we can’t. Some on the talk board have suggested the Covid legislation should have dealt with this but it didn’t. I do a lot of deathbed wills at the hospital but not allowed to visit now.

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