Posts from April 2020

People are asking whether, because of the requirement to have two witnesses, it is possible to create a valid Will during the current coronavirus lockdown. 
 
Currently, your Will must be in writing and be signed and dated by you or by another person ‘in your presence and at your direction’. If someone else signs your Will then it is a good idea to keep record with your Will of why this was necessary. 
 
You will also need two or more witnesses who are present when you sign your Will. Witnesses must be over 18, they must not be partially sighted and must have the mental capacity to understand what they are doing and what it means. The reason two independent witnesses are essential is to prove, if needed, that your Will was properly executed. 
 
The obvious solution during the current lockdown might be to ask people in your house to sign your Will, but they can only do this if they and their spouses are not beneficiaries of your Will. They would lose their inheritance by witnessing your Will. 
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