Making a will in lockdown: what better time to get the job done?

If making a will is on your to-do list during the coronavirus pandemic, be prepared for an unorthodox experience and do some advance prep, says Money Observer editor Faith Glasgow.

In normal times it is fair to say the British are reluctant to engage with death. We avoid it as a topic of conversation, and we are not keen on making preparations for it – as shown by the 54% of Britons who had not written a will, according to a report commissioned by Royal London just over a year ago.

But these are far from normal times. The spectre of Covid-19 stalks the land, and we are all having to confront the reality of rapidly mounting mortality figures and the increasing likelihood that the disease will not simply go away after a few more weeks. We are all going to be rubbing along with the coronavirus one way or another until a vaccine is found.

It is unsurprising, then, that law firms nationwide have reported an explosion of demand for wills in the past few months. Individual firms report increases of anything between 30% and 75% in the number of clients wanting to make or review their will, as people realise, whether confined in lockdown, working on the front line or having tested positive for the virus, that they really ought to put their affairs in order in case the worst happens.

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Witness challenge

The trouble is that it is not as easy as it used to be, in our locked-down world. Under the existing legislation – which dates back to 1837 so is hardly a reflection of life in the 21st century, even without the restrictions imposed by the current pandemic – wills involve face-to-face meetings between lawyer and client. Plus., they require two independent witnesses who must verify that the client signed the will.

Those rules are there for good reason – to ensure that people’s wishes are not manipulated or misrepresented. But most of us are staying at home or self-isolating, which makes such requirements really difficult to implement. In the circumstances, then, there’s a powerful argument that the everyday technology on which most of us are already increasingly reliant in lockdown could be used at this time to ensure a reasonably watertight process, even if it is somewhat less failsafe than the old way.

The rules in Scotland have been relaxed already, so that lawyers can act as witnesses to a signing via video conferencing. South of the border, the Ministry of Justice is under pressure to ease the rules, and solicitors are now taking instructions by phone, video conference or email.

As far as the knotty problem of signing and witnessing is concerned, law firms are calling on the government to allow documents to be signed electronically in person or by the solicitor, and to be witnessed via video conferencing. But so far no changes have been announced, and law firms are therefore having to think outside the box.

If you are keen to make a will during lockdown, then, be prepared for an unorthodox experience. Many firms specialising in wills are used to making home calls to clients unable to get into the office, and that’s now become the new normal in this time of lockdown. To comply with social distancing guidelines, wills are being witnessed and signed through house windows, across the garden fence, or at opposite ends of a drive or hallway.

The Law Society, meanwhile, suggests lawyers ask their clients to video the signing of the will if possible. Check your solicitor’s website, as different firms may take different approaches.

Wills are not a bundle of laughs, but they are important to ensure your wishes are followed and minimise family discord after your death. When better to get the job done?

Advance preparation

Before you talk to your solicitor, consider these questions:

• Who will you appoint as an executor to administer your estate?
• If you have young children, who will you appoint as their guardian? What provisions will you make for them?
• If you are a cohabiting couple, what provisions will you be making for one another?
• Are any of the beneficiaries disabled or do they lack capacity? If so, should you consider creating a trust in your will?

Moneyobserver.ed@moneyobserver.com

Faith Glasgow is the editor of Money Observer.