With the current COVID-19 social distancing rules in force, accompanied by the fear of illness in these direr times, it may be very tempting to make a home-made will. You may well feel that it is not possible to see a solicitor, so decide to make a will yourself. However, there can be real problems in making a home-made will.
Issues with making a home-made will
- The will may not be valid. There are strict rules set down for the making and execution of wills in section 9 of the Wills Act 1837 and if these rules are not fully complied with, the will may not be valid.
- A home-made will is more open to dispute by claims of incapacity, with many claims in respect of wills being made on these grounds. It is easier for a claim to be rejected where a solicitor can confirm that you had full capacity at the time the will was made and that you were able to give appropriate instructions to your solicitor at that time.
- The will, as drafted by you, could contain wording which is open to interpretation. This could lead to a probate dispute for your family to inherit. A costly probate dispute could cause your family additional suffering, at a time when they are already likely to be grief stricken following your death. A probate dispute is a poor legacy to leave to your loved ones.
Using a solicitor to make a will
It is definitely still possible to proceed with making a will through a solicitor, even in these very difficult conditions. Some solicitors will take instructions via Zoom or Skype, or even over the telephone. They can forward the will for you to sign by email or alternatively, they may be able to send it to you in the post. It is still possible for you to arrange for neighbours to witness your will, which can be done, for instance, in your garden or through an open window, keeping at least 2 meters apart.
In fact, a novel way has been reported by the BBC where wills have been signed on car bonnets, being held in place by windscreen wipers. When signing the will, you should wear gloves and use separate pens. Your solicitor can give you detailed instructions by email or by post as how best to ensure the will is properly executed to comply with the law.
In these circumstances, we would strongly recommend that you make use of a specialist solicitor in making your will and not leave things to chance with a home-made will.
For guidance on how to make a properly executed will during the pandemic, please ensure that you get expert legal advice from a specialist solicitor. We at Winston Solicitors are able to offer such advice. Please contact our Wills & Probate team on 0113 320 5000 or email mkv@winstonsolicitors.co.uk
