Can I Still Make A Will or Lasting Power of Attorney During Lockdown?

Following the COVID-19 outbreak, we have been approached by many clients wishing to prepare or update their existing Wills and put in place a Lasting Powers of Attorney (“LPAs”).

Can I still make a Will or LPAs despite the lockdown?

It has been declared that lawyers who prepare Wills are key workers and so we have continued operating during this time. We will initially take instructions for your Wills and LPA’s via telephone or video-streaming services such as Skype and Zoom so that we can fully understand your needs.

We will then send your draft Will or LPAs to you for your approval via email or post. We are on hand to answer any further questions or queries you may have regarding the drafts to ensure you receive the high-quality and tailored legal advice you would in a face-to-face meeting.

How do I sign my Wills and LPAs?

Under Wills Act 1837, a Will must be signed in the presence of two independent witnesses. Whilst the Law Society and the Ministry of Justice are considering relaxing these requirements, there has been no changes yet. We can provide you with detailed instructions about how you must sign your Will to ensure that it is valid whilst complying with government guidance for social distancing.

We are also happy to oversee the Will signing ourselves providing this is outdoors, either at your home, or by advance arrangement, at either our Birmingham or Solihull offices/ other outside spaces, whilst of course, still recognising the social distancing rules.

Similarly, LPAs must be signed in the presence of an independent witness and then certified by a certificate provider of your choice. We are happy to provide information and answer any questions you have regarding how this can be achieved by you independently or in our presence whilst still following the social distancing rules.

Members of our Private Client Team have prepared various video guides which talk about the importance of a Solicitor drafted will and also The Court of Protection & Lasting Powers of Attorney. You can watch these using the links below.

The Importance of a Solicitor Drafted Will – Watch here

The Court of Protection & Lasting Powers of Attorney – Watch here

If you would like to enquire about preparing a Will or Lasting Powers of Attorney please contact Ellie Holland on 0121 733 8000 or eholland@wilkes.co.uk.

Eleanor Holland
Eleanor Holland

Managing Partner, Private Client