Ensuring that you hold a valid Will at the time of death, a Will that is tax efficient, up-to-date, naming all of those loved ones you would want to benefit at the time of your death and appointing the people you want to administer your estate after death, is extremely important.
There are very strict rules that have been in place since the 19th century to ensure that a Will is seen as a valid document and is correctly executed. With the current situation in which we find ourselves, with shielding, lockdown situations and social distancing, thoughts have turned to different ways in which instructions can be taken for Wills and how Wills can be signed, so that they are valid documents but not putting at risk either the testator (that is the person preparing the Will) or those witnessing their signature.
The Ministry of Justice has announced that the Westminster government will introduce new legislation to relax the Will witnessing protocol. This was laid before Parliament on 7 September 2020. The Order, which allows Wills to be witnessed remotely, is set to come into force on 28 September 2020.
Its main features are to simplify the procedures for Will signing, if it is necessary. Of course, such measures are not to be taken lightly and each situation must be decided upon its own facts. We can certainly discuss such arrangements with you, both to ensure that Will instructions are taken and advice provided in as safe a method as possible, for the draft documentation to be sent out for consideration and, when all is agreed, for the Will to be signed in the safest way possible, bearing in mind everyone’s wishes and circumstances. We would be more than happy to discuss the situation with you. Please do not hesitate to contact Martyn Prowel Solicitors on (029) 2047 0909 to speak to Natalie Harvey.