Writing a Will is a task that most people know is important. We know that putting a Will in place saves our family and loved ones from a great deal of anxiety and trouble after you have passed away. There is never a situation where not having a Will is a better plan than having one. But you may be wondering how to write a Will without leaving your home, during the COVID-19 pandemic.
A Will is something that never seems to make it to the top of the ToDo list. In fact, most surveys put the number of UK adults without a Will at about 60-65 percent. Of those that do have a Will, many are not kept up-to-date.
But we are now living in very unusual and uncertain times. During the COVID-19 pandemic an increasing number of people are finally getting Will writing off their To Do list. At LegalWills.co.uk we have seen a dramatic surge over the last 8 months in the number of people preparing their Will.
But although COVID-19 has made people more aware of the importance of writing a Will , it has presented it’s own challenges with tiered lockdowns and family bubbles.
But there has been some changes in the law to help people prepare their Will during a pandemic. So the question remains:
Is it possible to write a Will without leaving your home?
The legal statute that describes the requirements for signing your Will was written in 1837. That same year, Queen Victoria ascended to the throne, Michigan became the 26th US State, and Samuel Morse invented the telegraph.
It was a long, long time ago.
The 1837 Wills Act states that in order for a Will to be valid:
(a) it is in writing, and signed by the testator, or by some other person in his presence and by his direction; and
(b) it appears that the testator intended by his signature to give effect to the will; and
(c) the signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and
(d) each witness either—
(i) attests and signs the will; or
(ii) acknowledges his signature, in the presence of the testator (but not necessarily in the presence of any other witness),but no form of attestation shall be necessary.
So let us break down exactly what this law means. And discuss the implications of this law in 2020, with particular consideration of COVID-19.
“A Will must be in writing”
In the context of the Wills Act, this means that you must write it down. You cannot verbally tell somebody what you would like done with your possessions. If you simply tell somebody, it is not compliant with the Wills Act, and a verbal promise has no legal standing.
You may have come to the conclusion that writing your Will with a solicitor is too expensive. You have thought that maybe you could write your own Will. But when you google the topic, “writing your own Will” leads you to all kinds of conflicting information. Eventually, you find information about the holographic Will, and have become totally confused.
Please allow us to help.
Background to the misinformation
The main source of confusion is of course the Internet. The problem is that laws pertaining to holographic Wills vary quite dramatically from one country to another. If you post to a law forum, to Quora or to Reddit, the whole World will want to chip in with an answer. The problem is that an answer coming from Canada, or the US, or from India, will not apply to UK law.
Here’s a great example. A question posted on uk.answers.yahoo
Hand-written Will. Is it Legal? Continue reading