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The Sparks of Covid-19. How Do I Sign My Will?

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The Coronavirus has sparked an increased fear of dying.  Over the past few weeks we have been flooded with instructions to draft and to update Wills.  

Even though we are not able to have face-to-face meetings with our clients, we sense the anxiety, the fear of the unknown, and the urgency of finalising such important documents.  It is therefore our goal to assist, and to take care of, as many clients as possible. 
 
One of the most common questions is, how do I sign my Will?  
 
Will-signing has become a challenge because of social distancing requirements.  The law is that a Will is only valid if it is signed in the presence of two competent witnesses.  However, if it is not possible to satisfy this requirement, then there are solutions.   These are all interim solutions in reaction to the current issues.  We encourage you to sign your Will as required by law, as soon as it is practically possible.  
 
If your Will does not satisfy the formal requirements, it is still possible for it to be admitted to Probate despite its failures.  However, the Court will have to be satisfied that the document embodies your testamentary intentions, and that you intended the document to be your last Will and Testament.  This is referred to as an “Informal Will”.  There are ways to satisfy the Court and our advice to you will depend on your current situation. 
 
The virus has sparked a ‘reality-check’ for many of us.  The reality is, death is inevitable, and it does not have an age or a wealth limit.
 
If you have any questions, please contact the Team at Butlers.

 

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Tuesday, 27 October 2020

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