Wills and probate

Coronavirus and self-isolating are making many people reflect on their affairs and “putting their house in order”. We can help you make a Will even in these strange and restricted times.

The usual face to face meetings are generally not possible at the moment but we can still carry this work out. Of course you may be self-isolating too but again do not let that stop you.

You can give us the necessary instructions by telephone, email or even video conferencing (though if this is relevant we shall usually contact you after initial instructions have been given). Our team of wills and probate solicitors can then consider and advise you regarding related matters such as tax or trusts.

Of course, as usual, you have to have the necessary mental capacity and there must be no undue influence by any other person.

The first stage is usually our wills and probate solicitors sending you a questionnaire for you to fill in which should give us much (sometimes all) of the information and will highlight to us what we need to know in addition. A draft will can often be prepared at t his stage and sent to you for approval. Most of this work can be done by post or email and, if needed, telephone discussion.

Even if you are in a care home these methods mean we can still generally make a Will for you (or amend an existing one) so do not let your surroundings limit your ability to make a Will and let your wishes be known. If you do consider any changes are required to your existing Will to reflect your up to date wishes please contact us as these can often mean another amendment is required as there can be “knock on” consequences.

You must bear in mind, especially if you are self-isolating, that to be legally valid a Will has to be:

  1. In writing;
  2. Signed by you in the physical presence of two witnesses (who should be independent and aged 18 and over);
  3. Signed by you (the person making the Will) in the presence of two independent witnesses so that you and the two witnesses are physically present together and can see each other sign. The witnesses MUST not be people you want to make gifts to in your will (nor married to those who are receiving anything in the will.

Discussions have taken place about having Wills signed with witnesses being remote but there are practical problems with this and doubt has been expressed about this method of signing and we do not recommend it. If you have difficulties we shall be pleased to discuss the most practical way for you to deal with this, such as through a window or outside. The essential thing is that you and the witnesses are all present – where is not really relevant. This means signing while socially distancing can still be accommodated.

The important thing is you can still make Wills so that your wishes are followed ands not left to the statutory “fall back” provisions which could, very likely, mean y our hard earned money going to someone that you don’t want it to (including in some cases the Government).

Don’t let this happen – contact us now on info@hb121solicitors.co.uk or call us on 01562 702605

At HB 121 Solicitors, we have a team of experienced

If you need any advice or assistant in Property matters, please contact us on 01562 702655 or email at info@hb121solicitors.co.uk

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