How To Sign Your Will Whilst Social Distancing

From 23 March 2020 the Government Lockdown resulted in all Solicitors’ offices being closed for client meetings due to the Coronavirus and social distancing measures were put in place.

During this uncertain time Oakwood Solicitors have been doing our utmost to continue to provide a full service to our clients whilst adhering to the restrictions in place.

When the lockdown began, many of our clients had just started the preparation of their Wills or were ready to sign their Wills.

To ensure that our clients were able to finalise their Wills we had to prepare some additional guidance for our clients to assist them with signing their Wills away from the office whilst adhering to the social distancing guidelines for their own safety and the safety of others.

The reason for this is that The Wills Act 1837 specifies how Wills are to be signed. These strict rules have not been relaxed (to protect the vulnerable and to prevent fraud) and remain in force now.

For a Will to be signed and legally binding:

• It must be signed by the Testator (the person making the Will)
• The Will must be signed in the presence of two independent adult witnesses
• These two witnesses must not be named in the Will
• The Witnesses must sign, print their name and include their occupation and address on the Will
• The Will must be dated to match the date it was signed by the Testator and both witnesses
• The content of the Will cannot be changed once it has been signed
• Nothing is to be attached to the Will once it has been signed

Even though we have modern technology this procedure cannot take place via a video call or by using an electronic signature.

Therefore, we have provided suggestions for our clients to sign their Wills away from the office whilst social distancing, and it is starting to get creative:

1. Asking two neighbours to be witnesses over the garden fence and handing the Will over with gloved hands or placing the Will in a carrier bag and hanging it on the fence post for the witnesses to collect
2. Asking two friends, when exercising, to wait at the garden gate to be witnesses whilst the Will is signed on the doorstep. The Will is then left on the doorstep, the testator enters their property, the Will is then collected by the witnesses who return to the garden gate. The testator then exits their property and can watch the witnesses sign the Will whilst standing on the doorstep
3. Asking friends or neighbours to be witnesses through a window or glass door panel or glass porch and then leaving the Will on the doorstep for the witnesses to sign whilst the testator watches the witnesses sign from inside
4. Asking friends or neighbours to be a witness whilst the testator sits in their car. The document is then handed through a small gap in the window, whilst using gloves and signed by the witnesses outside of the car – or vice versa
5. Asking friends to socially distance in the testator’s garden and whilst there, to be the witnesses. Then whilst maintaining a safe but, visible distance the testator signs the Will in the witnesses presence, moves away from the document whilst the witnesses (one at a time if necessary) sign the Will in the testators presence.

These unusual but, suitable methods are working and clients are getting their Wills signed whilst adhering to the guidelines. We check the Wills once they are signed and we can be on the phone to provide guidance to all three (testator and two witnesses) whilst the Wills are being signed if needed.

We ask our clients to always be aware that they must adhere to the social distancing guidelines in place, maintain their safety and the safety of others when attending the signing of their Wills.

Why choose Oakwood Solicitors for the preparation of your Will?

Oakwood Solicitors can assist you through this process and provide you with the necessary advice. Our team have gained an excellent reputation amongst local organisations and their client-base for delivering a personal and compassionate service. As a firm we pride ourselves on having a high standard of customer service and making all our current and potential clients feel at ease when making any decisions regarding their future wishes.

You will have a dedicated advisor who will work through the Wills process with you from start to finish, assisting you in the event of any queries or issues you may have. Your advisor will also continue to provide regular updates until your final Will signing and then will send you reminders in future years should you need to modify your Will.

Once your Will has been signed, we can store your Original Will free of charge in our deed store department and provide you with a copy to keep with your personal documents. We will ensure the process is as stress-free and effortless as possible.

WHAT TO DO NEXT

Get in touch today for a free initial consultation in complete confidence. Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9720 to find out how we can help you.