As the impact of the coronavirus pandemic continues, we have understandably seen an increase in enquiries from people worried about making their wills and powers of attorney. Making a will is one way to take control and give yourself peace of mind that your wishes are properly recorded.
We would like to reassure you that our Wills and Probate team is here to help and support in these uncertain times and we are continuing to provide a high quality service to our clients, without the need for face to face contact, via telephone or video call.
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Here, we answer some commonly asked questions:
Yes. The coronavirus pandemic is causing many people to think about their financial affairs. Our team of Wills & Probate solicitors is able to set up a telephone or video call using FaceTime or Zoom to discuss your requirements. Once we have your instructions, your Will can be drafted by a member of our team. It will then be sent to you for your approval via email or post.
Although it is important to maintain an up-to-date will, we would caution against making any significant or rash changes during a time of distress. If you are unsure, seek our advice about whether your Will needs updating. We offer a free Will review service and will not recommend changes unless they are necessary.
Wills are usually prepared within 14 days of agreed instructions. We offer an emergency will service if there is a need to have the Will prepared in a shorter time frame.
By law, wills have to be signed by the will-maker and two witnesses, who all have to sign the document in each other’s physical presence. Neither witness can be those who stand to gain from the Will, such as close family members, nor be married to any such beneficiary.
Given the government’s current advice on self-isolation and social distancing, we recognise that this requirement can present practical difficulties. Witnessing via video link is not sufficient.
To protect our clients and Wards employees, we are abiding by a strict social distancing policy.
Currently, we are suggesting to clients that they contact two suitable witnesses – e.g. friends or neighbours – and arrange a meeting in their street, driveway or garden. Each party should use their own pens, wear gloves and ensure they stand two metres apart.
The will should be placed on a flat surface, such as a table or car bonnet, then each person should step forward separately to sign the Will before retreating.
We can make arrangements for your will signing suitable for your individual circumstances, and we are exercising discretion on a case by case basis. Our general policy is that we are not currently providing witnesses except where there is no alternative. We would then arrange a meeting which would follow the above guidelines.
If you die without a valid will, your estate would be dealt with under the rules of intestacy. Exactly how the rules apply depends upon your family circumstances, as well as the value of your estate. In general terms, a spouse or civil partner and any children would take highest priority. After this, other members of your family could inherit, or your estate could end up being passed to the Crown. By making a will, you can ensure that your assets pass according to your wishes and not in accordance with predetermined law.
There is some comfort if a loved one dies without a Will and the rules of intestacy do not achieve what is needed. It is possible to vary the intestacy provided everyone who would benefit is able to agree and does agree the variation. Wards can advise you about this.
The answer depends on individual circumstances and the policy of the individual care home or hospital. It is currently not possible for our team to visit homes or wards with a Covid-19 outbreak as we do not have the requisite protective equipment. However, we are able to arrange appointments by phone or video call. If we require capacity reports to ensure a person’s mental ability to make a will, we can work with third parties who can offer online assessment at this time.
No, it isn’t. Will writing is not, as yet, a regulated industry. While many will writers are good at what they do, many are not. By using a solicitor, you are safe in the knowledge that they have undergone years of training, that they are heavily regulated and they are insured. For added reassurance, seek out members of the Society of Trusts and Estate Practitioners (STEP), and Solicitors for the Elderly (SFE).
In the event of death of a client, we will need to see the death certificate and ID of the named executor requesting the will before we release the Will. We will endeavour to obtain the Will from storage as soon as possible, so that we can provide information regarding any expression of funeral wishes. The Will is then posted securely to those named as executors.
We offer a free half hour telephone advice session to executors about their duties and the process involved. We will also advice about inheritance tax and its potential mitigation.
To use our online Will service, please click here>
For Wills or LPA enquiries, please contact Jenny Pierce at email@example.com
Or click here to view the Wills, Probate and Mental Capacity team
Wards Solicitors continues to be operational during this time, including for new business and new clients. To comply with government guidance, our eleven branches are closed to the public but our fee earner teams are working remotely, to ensure that we continue to provide excellent client service.
Please email or telephone your usual lawyer or team. Alternatively, please telephone the branch most convenient to you during normal office hours or email firstname.lastname@example.org at any time. Emails to this address are being regularly monitored and forwarded to the correct person and we will respond to you as soon as possible. It may take a little longer than usual for our phones to be answered so please bear with us.
Wards Solicitors LLP