Covid-19 & Wills & Probate – Frequently Asked Questions
In light of the Covid-19 outbreak, we have put together some of the most frequently asked questions relating to Wills and Probate. The Timms Solicitors Wills and Probate team continue to work and are here to help….
Can I still prepare a Will?
Yes. The Wills and Probate Team are working from home and are still taking instructions from clients to prepare their Wills. Usually, we would invite you to our offices for a face to face meeting, but as this is not currently possible our team are taking instructions by phone, e-mail or video call.
If you would like us to prepare your Will, please call the office or e-mail willsandprobate@timms-law.com so that an appointment can be made for you. Further details can be found in our Making a Will leaflet.
How will I receive the draft?
A draft Will can be e-mailed or posted to you for approval, whichever you would prefer. Alternatively, if the Will is straightforward then we can sometimes post this straight out to you for signing.
I am self-isolating how can I sign my Will?
Section 9 of the Wills Act 1837 provides that for a Will to be valid, it needs to be signed by the testator (the person making the Will) in the presence of two witnesses.
We will send you your Will and also instructions for signing. You will also receive a Declaration of Due Execution which you and the two witnesses will be asked to sign to confirm that the requirements of s9 of the Wills Act 1837 have been complied with.
Our Wills & Probate Team have put together a short video to help which can be accessed here – ‘How to Validly Sign a Will at Home During Covid-19‘.
When signing your Will, it is important to ensure that you comply with the Government’s social distancing measures.
You may wish to consider:
- Whether you can sign your Will on the driveway standing a safe distance (2m) from your witnesses
- Whether you can sign your Will through a window (provided there is a clear and direct line of sight)
- Using your own pens
If you would prefer to wait until our offices are re-opened then you are of course welcome to do so. It is important to understand though that a Will is not valid until it has been properly signed.
What if communication by phone, video or email is an issue for me?
To avoid any later suggestion that influence or pressure was exerted on you to make a Will, we would prefer to speak to you alone and to take instructions directly from you. However, if this is not possible then we may still be able to help if we consider that it is in your best interests to do so. This is of course is at our discretion as we would need to assess the risk.
Lasting Powers of Attorney
If you would like to prepare your Lasting Powers of Attorney, we can again offer you a telephone or video appointment to take your instructions. The documents will then be posted to you for signing (with instructions) at home.
You will need to sign the Lasting Power of Attorney in the presence of an independent witness and identify someone to act as your Certificate Provider. We can give you information as to how this can be done in the current circumstances, and who these people can be. Further details can be found in our Lasting Powers of Attorney leaflet.
Probates
If you need assistance in dealing with a loved one’s estate then please contact our Wills and Probate Team. We understand just how difficult this time is for many people who are losing loved ones and we can offer practical advice regarding the steps that need to be taken following a bereavement. Our leaflet ‘What To Do When Someone Dies‘ might help.
Is there anything else that I need to know?
Once we have taken instructions from you, we will either e-mail or post you our terms and conditions of business and we will also request sight of your identification.
As instructions will have been taken away from the office, you are protected by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which give you 14 days within which to cancel. If you would prefer us to make a start on your matter without delay, we will send you a waiver to sign.
If you have any questions of queries, please feel free to contact us on freephone 0800 011 6666.
Please note, all advice and guidance are subject to change in line with the latest Government advice.
Updated 2nd April 2020