As the pandemic rolls on, an increasing number of wills are being signed at home. This month, Hannah Montague explains why adhering to the rules governing witnesses is so important.
Given the current situation, clients are naturally apprehensive about coming into our offices to sign wills. However, we still have to ensure the technical formalities are followed.
Throughout the pandemic, we have been taking instructions over the phone, by email or video call and forwarding the final versions of wills to clients’ homes. This is perfectly acceptable, but it puts the onus on you to ensure it is signed and witnessed properly. Get it wrong and it could be invalid.
Why does my will need to be witnessed?
For a will to be legally binding, it must be signed by you, in the presence of two independent people. This is so that if it is ever contested, they can testify to watching you sign it of your own volition.
Who is allowed to witness my will?
You need two adults to witness and sign your will. It can be done by anyone over the age of 18 with full mental capacity, provided they don’t stand to gain from it and are not closely related to another beneficiary.
In the current climate, neighbours make good witnesses, if they are willing, as it can be quite straightforward to maintain social distances. They can observe you signing the will over a garden hedge or on your driveway.
Your will could also be signed before colleagues from your workplace, friends, provided you haven’t left them any bequests, or distant relatives as a last resort. Again, you must ensure they and their spouses do not stand to benefit from your estate.
Who cannot witness my will?
It is tremendously important to ensure your will is not witnessed by anyone who stands to gain from it, by way of a gift or share of your estate.
It is also crucial to note that the spouse or civil partner of any beneficiary named in the will should not act as a witness, as this could invalidate the bequest to that particular individual.
Can an executor witness my will?
It is permitted for an executor to witness your will, provided they meet the criteria outlined above.
In some circumstances, it can be beneficial to ask a medical practitioner, such as a GP, to act as a witness if you are elderly or seriously ill, to demonstrate you had the requisite testamentary capacity at the point it was signed.
To find out more about making or reviewing a will, why not book a free 30-minute consultation with one of our probate specialists? Telephone (0114) 218 4000, email: info@tayloremmet.co.uk or complete this form.
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