Social distancing restrictions have led to some changes and complications to how you might normally go about creating a will, and as reported in the Telegraph, there has been a 30% increase in the number of people enquiring about Wills and Powers of Attorney since the Coronavirus outbreak.
Cheshire law firm, SAS Daniels, have answered a number of Frequently Asked Questions (FAQs) on wills and how the procedures around death have been altered due to social distancing rules.
How Can I Meet a Solicitor to Take My Will Instructions?
SAS Daniels has adjusted promptly to these trying times and is able to offer both telephone and / or video conference facilities to help you make a Will. For the video consultation, we will simply send you a link to your smartphone / tablet / laptop and a meeting code for you to join the meeting. You will then be able to discuss your Will with your friendly solicitor from the comfort of your own home.
How Will I Receive a Draft Will from my solicitor?
We can send you your draft Will for you to approve by e-mail or post.
Unfortunately, it is not possible for us to witness your Will by video or telephone at the current time. The Law Commission is looking into ways Wills can be witnessed without having any physical presence but there have been no changes in the law as of yet.
In the meantime, we can suggest that your Will is witnessed by those living with you as long as:
- they do not benefit under your Will or their spouse / civil partner;
- are not blind; and
- are over 18 years old
On the other hand, you could sign your Will by asking your witnesses to stand outside of your house and witness you signing your Will through a window. This would require two volunteers who also comply with the requirements above. They will need to see you and each other sign your Will and ensure they comply with the social distancing rules between themselves. Once you have signed, you can pass your Will through the letter box to your witnesses who can then sign and date your Will and then send the Will to our office to be stored.
We will send detailed instructions to you with your Will and are always available on the other end of a phone if you need any clarification.
What If I Do Not Have Anyone Who Can Witness My Will?
In these circumstances, we will review each matter on a case by case basis and keep an eye on the Government and Law Society’s guidance in these circumstances.
If I Do Not Make a Will, Does My Partner Inherit My Estate?
It is a common misconception that if you are an unmarried couple, then your partner will automatically inherit your estate when you die. If you do not leave a Will, the Government’s intestacy rules apply and your partner is not entitled to anything under these rules. What are the estate inheritance rights for unmarried couples without a Will?
The intestacy rules state that if you die without leaving a Will, your estate would not automatically pass to your partner, but to other family members including children, parents or siblings (depending on which relatives have survived you). However, if you were married without children, then your estate would automatically pass in its entirety to your spouse under the intestacy rules. If you are married with children, the intestacy rules state that your spouse will receive a legacy of up to £270,000 of the estate as well as personal possessions, but the remainder of the estate allows full rights to be split in half for the spouse and the remaining half divided equally between the children. Again, this may not be what you wished to happen if a Will were in place.
How can I leave my estate to a surviving partner?
If you wish to leave some or all of your estate to your partner, you should make a Will to ensure this is carried out after your death. This is particularly important where you are co-habiting with your partner and you own a property in your sole name, or jointly with your partner as tenants in common. If you have not made a Will, then your surviving co-habitee could end up owning the house with your family members and / or be forced to leave the home.
However, if you own the property with your partner as joint tenants, the property will pass to your partner automatically. If you own the property with your partner, it is useful to check if the property title is registered as tenants in common or joint tenants as this will affect whether it passes to your partner automatically, or whether you need to make a Will for your partner to benefit from your share of the property.
Tenants in common – each owner owns a separate share (equal or unequal) of the property. Tenants in common are able to leave their respective share of the property to whomever they would like to in their Will.
Joint Tenants – each owner owns the whole of the property value (100%). If you hold the property as joint tenants, the property will pass automatically to the surviving joint owner if one dies.
What If you have Left your Partner Without a Will?
It is possible for your partner to make a claim against your estate under the Inheritance (Provision for Family and Dependants) Act 1975 when reasonable financial provision has not been made for them under the intestacy rules. However, this is a costly and stressful process and there is no guarantee that they will be successful in their claim.
Therefore, it is recommended for you to leave a Will stating exactly how you would like your partner to benefit from your assets after you have died. This will help to avoid a financial mess for your partner at what is already a difficult time for them.
Has social distancing changed how to go about registering a death?
Dealing with the loss of a loved one is hard enough, but in the current crisis where families may have to self isolate or are unable to leave their homes due to Covid-19-related sickness absence, it may become impossible to comply with the usual requirements for registering a death.
Following a death, it is still necessary for the death to be registered by the Registrar of Births, Deaths and Marriages in the district where someone dies. This is the formal record of the death and unless the coroner is involved, must be done either within 5 days, or a further 9 days, if the registrar has been notified that a medical certificate has been issued. Before the COVID-19 crisis, only certain people could register a death and had to attend before the registrar in person.
The Coronavirus Act has however expanded the list of people who can now register a death, and this includes funeral directors who are helping the family with the arrangements. Information and documents are still needed to be produced to the registrar, such as the medical certificate of death (which can now be sent electronically) and details of the birth, occupation, place of death and last address of the person who has died which can be given by telephone. The new rules also dispense with the signing of the register.
These adjustments will at least give some assistance to families having to register a death and enable them to make arrangements for the person who has died with sensitivity and with dignity.
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