Clients are asking us on a daily basis “How do I make a Will during the lockdown?”
Even though we are working from home Lisa Mullen explains how we can help.
During these unprecedented times, we have received many enquiries regarding Wills. It is certainly a time for reflection and prompts a lot of us to ensure that our legal affairs are in order. If this is something that has been playing on your mind please do not hesitate to get in touch and we will be happy to assist.
How can I tell you what I want in my Will?
There are several ways we can ensure that your Will is properly drafted and executed. We are working from home and initially, we will take instructions from you over the phone or via a virtual face to face meeting if preferred. Please note that when we are taking instructions you must be able to speak to us privately as providing instructions in relation to your Will is a very personal matter. Where possible we will then email a draft of the Will to you for review and further discussion by phone if necessary.
How can I sign it if your offices are closed?
DMC will print your Will and provide you with advice on how to have it signed and witnessed. Or, if you don’t have the facilities to do print the Will, we will post it to you with written directions on how to have it signed and witnessed.
The legislation regarding the witnessing of Wills remains unchanged. You must sign your Will in the presence of two independent witnesses. These witnesses cannot be a beneficiary or the spouse of a potential beneficiary. The two witnesses must be with you when you sign the Will and able to see you sign.
DMC can provide various possibilities and options to have your Will to comply with all legal requirements whilst still observing social distancing. Our solicitors will be more than happy to discuss these with you e.g. the Will can be witnessed at an acceptable distance perhaps in the garden or through a window. We will also provide you with a Sample signature page to assist with explaining the signature requirements.
Who will store my Will?
Once you sign the Will we would then ask, if possible, that you scan or email a copy or photograph of the completed Will to us so that we can ensure that it has been properly executed. Once confirmed we will ask you to safely store the Will until our offices re-open at which time we will then arrange for you to deliver the original Will to us and we will index the Will in our safekeeping.
We will agree our costs with you in advance of us drafting the Will.