Creating a Will during lockdown

Nick Earl
Lyon O'Neale Arnold director

The lockdown period is a good time to take stock and get onto 'life admin' tasks that often take a backseat in busy lives.

Organising a Will is one of these tasks that can easily fall by the wayside.

It's important to have a Will in place to reduce the emotional and financial strain on your loved ones when you pass away.

Having a legal document that outlines your wishes regarding the distribution of your property and the care of any children also reduces the likelihood of disputes over your estate.

While the lockdown may have given you a chance to start thinking about your Will and discussing it with your lawyer, the restrictions of self-isolation make it difficult to have your Will sighted and signed by witnesses, a legal requirement that makes the Will a valid legal document.

In normal times, a valid Will requires two witnesses over the age of 18 to sign the Will in the presence of the person who has written the Will.

The executor of the Will can be a witness but anyone who stands to benefit from the Will, be that a family member or a loved one, cannot be a witness.

These rules make it near impossible to sign valid Wills at home during the lockdown because most of us do not have two independent witnesses within our bubble.

As a result, last week, the government responded to these challenges and issued the Epidemic Preparedness (Wills Act 2007 – Signing and Witnessing of Wills) Immediate Modification Order 2020 which allows Wills to be signed via audiovisual links.

This temporary order will end when the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked.

So, if you are taking advantage of the lockdown to tick off ‘life admin' tasks then you are in luck - this emergency law change allows completing your Will to be one of those tasks.

Your lawyer will be able to draft your Will for you remotely and advise you on the audiovisual requirements to ensure its validity when signed.

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