Making or refreshing a Will has quickly become a priority as a result of the Coronavirus pandemic. Ian Bond, Chair of the Law Society's Wills and equity committee has stated to the Daily Telegraph that levels of requests are up 30 per cent.

The law is strict on writing a Will and ensuring it is valid. Social distancing has thrown this process into disarray, at a time when making a Will has become all the more important.

Ordinarily Wills are prepared by solicitors following a client meeting or a call, signed by the person making the Will (testator) in front of two independent witnesses in person, and signed by those two independent witnesses in the presence of the testator.

Crucially, if you are already unwell or vulnerable then it is risky to delay making a Will. Society of Trust and Estate Practitioners (STEP) has recommended that clients should be given the option of meeting via telephone or videoconferencing in order to draft the Will.

In cases where the solicitor needs to assess and record mental capacity this can prove problematic. Sometimes a doctor's report confirming capacity is required. Given the pressure that the NHS is facing, doctors are unlikely to be able to do this. However, independent capacity assessors are able to provide the assessment at an extra cost. To prevent the validity of a Will later being challenged on the grounds of "mental capacity" this would be a cost well worth swallowing if capacity is an issue.

Once the Will has been made it must be witnessed. The BBC has reported a rise in Wills being signed on the front lawn, held in place by windscreen wipers and signed on a car bonnet. Some solicitors have reported passing a Will through an open window to be witnessed or assembling the testator and witnesses on a front driveway or patio, each standing two metres apart. For those making a Will from a hospital bed or in isolation this proves another challenge.

The Law Society has called on the Ministry of Justice to make changes to the law, such as allowing the careful use of video conferencing in the process but the Ministry of Justice have no plans to change the current rules. For now, solicitors will use their expertise, make a decision on the merits of each client and find innovative ways to ensure that a Will can be executed hassle free.

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