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Private Client

Coronavirus - How do I ensure my Will is validly executed?

If you have the issue of coronavirus on your mind, you have likely been thinking about making a Will.

The government is looking at whether to relax the requirements for validly executing a Will but at the moment, in order for a Will to be valid, it must meet the following execution requirements set out in Section 9 of the Wills Act 1837:

- It must be written;
- You, as the Testator or Testatrix, must sign it, or another person must sign it in your presence and at your direction;
- It must appear that by signing the Will you intend to give effect to the Will;
- You must sign in the presence of at least two witnesses at the same time;
- Each witness must sign the will, or acknowledge their signature, in your presence of (but not necessarily in the presence of another witness).

Our Private Client team is here to help if you require a Will in these difficult times. Due to the current travel restrictions in place, they will take full instructions from you, this can be over the telephone,  and prepare your Will. They can then send your Will out to you in the post, or by email and they will explain the contents of it to you over the telephone.

To ensure that we are meeting our obligations as regards assessing your capacity, we still need to see you at least once, and are happy to attend your home to be a witness to the Will, by standing on the doorstep and keeping our distance.  There needs to be a second witness, which can also provide, if necessary. 

We are then able to keep your signed Will in secure storage.

Our lawyers have offices based in Wolverhampton and Cradley Heath and provide assistance to clients across the West Midlands including: Stourbridge, Kidderminster, Birmingham, Dudley and Walsall.

If you would like to discuss making a Will, please contact us on 01384 410410 to speak to one of our Private Client lawyers.