Q. I am 73 years of age and I lost my husband 3 years ago. It had always been my intention to make a will following his death, that would ensure our estate was distributed fairly between my children and step children. However, I sadly never got around to it and now I am concerned that I may have left it too late since I am currently self isolating. Is it still possible for me to make a will?
A. If you die without having made a will, your estate will be dealt with in accordance with the rules of intestacy, which may not necessarily direct your estate to those you wish to benefit the most. In your case, if you died without making a Will your children would benefit in the absence of a spouse but not your step-children.
Self isolation may have made it more difficult for you to prepare your will, but it is not impossible to do so. You can still provide instructions to your solicitor via telephone appointment, and your solicitor can then forward a draft to you via email or post according to your preference. Once approved, the top copy can be forwarded to you to sign. The law requires that you sign in the presence of 2 independent people who need to be present at the same time and who must see you sign your Will. There is no reason why you should not be able to comply with those requirements whilst adhering to social distancing measures.
A will is a very important document and we would always advise that you seek the advice of a solicitor even if you consider your wishes simple and straightforward.
This question has been answered by Lisa Jones a Senior Solicitor with GHP Legal. If you would like to speak to someone about this or any other legal matter it is still possible, and we are doing everything we can to ensure that we continue to offer our high levels of service to our clients. In accordance with government guidelines, most of our lawyers are currently working remotely which means you may not now receive a response as promptly as you may expect. Please kindly bear with us and we will respond as soon as we are able.
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