How To Make A Will Whilst Socially Distancing

Wills

Wills

How To Make A Will Whilst Socially Distancing

Due to the continued threat of COVID-19, you may be apprehensive about coming into our office or letting us come into your home to make your Will. We understand your anxieties, and we’re happy to tell you that we can now complete your Will remotely for your own safety and convenience.

In this short article, we’ll explain everything you need to know about how to make, sign, and witness your Will in a COVID-secure way.

What is Legally Required to Validate a Will?

Final instructions for a Will must be taken ‘face-to-face’, but given current circumstances, the meaning of ‘face-to-face’ has been extended to include video calls. We’ll discuss this further in the following section.

Once a Will is written, it must be signed by the testator (the person who the Will belongs to), in front of two independent witnesses both present at the same time. The two witnesses must then sign the Will in the presence of the testator and of each other.

In other words, there must be three people ‘present’ when you’re signing your Will – you and your two independent witnesses. All three people must sign the Will and witness each other doing so. However, you no longer need to be physically present for this – witnessing can be done via video call instead as we’ll explain in the next section.

It’s also worth noting that when we say ‘independent’ witnesses, this means they cannot be beneficiaries of the Will or married to beneficiaries. However, they don’t have to be independent from each other, so the married couple who live next door is fine for example. If it’s easier for you, we are happy to be your witnesses, saving you having to arrange this yourself.

How do we legally complete your Will whilst social distancing?

There are a few different ways we can complete your Will in a COVID-secure way, and the choice is entirely up to you.

In-person (But Socially Distanced)

It is still possible to complete and sign your Will in person, however, you are not currently able to come into our office to do this. Instead, we are happy to come to you and abide by social distancing regulations throughout our visit. We can carry out the whole process at a safe distance, either in your garden, conservatory, or within your property.  

Via Video Call (Computer or Mobile Phone)

If you would prefer to complete your Will remotely, we are able to do this via video call, which is now regarded as ‘face-to-face’. This means we can take instructions for your Will and witness you signing it, via Skype, Zoom, or any other similar video calling platform. This includes video calls on mobile devices via WhatsApp. As long as we can see and hear you, we can take instructions, offer advice, and witness your signing, no matter how complex your Will may be.

Essentially, we can complete your Will to the same high standards as we always have done via any video calling platform on any device.

Signing Your Will Remotely

As mentioned, we are happy to act as your two witnesses to save you having to arrange this yourself. This can either be done at your property in a socially distanced manner or via video call. We can post your documents to you or drop them off at your home (providing you live fairly locally). You can then log on to a video call with us so we can witness your signature, and then post the documents back to us (or we’ll collect them if you live locally). We’ll then log back onto a video call with you so you can witness our signatures.

Alternatively, once you receive the documents from us, you can sign them with your own witnesses at your property. Due to the current circumstances, many of our customers use their neighbours as witnesses and carry out the signing over the garden fence.

A Final Word

There are many ways for us to complete your Will in a safe, socially distanced way, and if you prefer, the whole process can be carried out remotely. It’s now easier than ever to protect your family and estate with a professionally written Will.

Get in touch today to discuss which route suits you best. Either call us on the numbers below or book a free consultation through our website. We hope you stay safe, and we look forward to helping you!

This information was last updated on 9th June 2021. Laws and regulations can change at any time, so please contact us for the latest information.