Huge surge in making or renewing a will
I have seen a huge surge in clients making a will, or renewing their last will, during the Covid-19 outbreak.
Traditionally, clients have always attended the solicitor’s office, where they talk through the instructions, then the solicitor drafts the will, and the client comes back to the office another day to discuss the draft, will before it is finalised and signed.
Many solicitors are still providing this service.
The difference now is how it is carried out.
The Law Society of Ireland have been very helpful in providing solicitors with guidelines and advice on how best to do this during this outbreak.
Firstly, I would strongly advise against a home-made will. It can lead to a great deal of difficulty and expense later.
Wills are very technical documents and should always be drafted by a solicitor.
Where possible, instructions should be taken over the phone, and the draft will be sent to the client by e-mail or post (if time is not of the essence) for approval and amendment, before any decision is taken in relation to the execution of the will.
The client can then telephone the solicitor to request amendments, or have a further discussion as to their wishes.
Once a final version is agreed, arrangements must then be made to have the will executed.
As per the Succession Act, 1965, the will must be signed, or their signature acknowledged by the testator (the person making the will) in the physical presence of witnesses who must then sign in the presence of the testator.
Both witnesses have to be present when the testator signs, but they do not have to sign in the presence of each other, so a suitable distance can be maintained at all times.
Each solicitor will have to make a decision how this is carried out. depending on their circumstances. and the circumstances of the person signing the will.
The client enters your office and is brought to the largest room.
They bring their own pen with them, and wear gloves.
They sign the will which has been left for them on a recently cleaned flat surface, in your presence, and in the presence of one other witness.
Having signed, they can step away to a safe distance, then you can sign, using your own pen and gloves if necessary, and walk away.
Then the other witness can sign with their own pen and gloves.
Where the client is unwilling or unable to attend at your offices, the solicitor must consider alternative solutions.
The solicitor and the witness may have to travel separately, or the client could organise a witness such as a neighbour to be there, to witness the will along with the solicitor.
The client may be asked to have a desk or similar writing surface placed in front of a window.
The will is posted through the letterbox, the client signs, and it is witnessed by the solicitor and the other witness through the window.
Alternatively, if the client is sitting in their car when the solicitor arrives, they can sign on the dashboard of their car, witnessed by the solicitor and the other witness.
The witnesses can then sign on the bonnet of the car, at all times maintaining a social distance.
The solicitor posts the will to the client, who will then organise their own two independent witnesses.
The witnesses can witness the signature through a window.
Skype or Facetime are useful in this situation, so that the solicitor can ensure that the will is being executed correctly.
If you want to make a will, there are still ways it can be done.
I would encourage everyone who wishes to do so to contact their solicitor.
