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Huge demand for will-writing services has been reported since the coronavirus pandemic hit the UK in March 2020.

Last weekend, the Government announced hospital deaths from COVID-19 had topped 20,000 in the UK since the start of pandemic.

On top of that, the Office for National Statistics said there have been more than 2,000 coronavirus deaths in care homes in week ending 17 April 2020.

As the awareness of mortality amid the coronavirus crisis increases, an increasing amount of people want to get their affairs in order.

However, not everyone has been able to write or update their wills with current restrictions making existing will-writing laws tough to uphold.

Making a legally-valid will

Ensuring a will is valid in England and Wales requires it to be made in writing, voluntarily, and when you are of sound mind.

While it's easy to tick those boxes, a will needs to be signed in front of two neutral witnesses in person.

Those witnesses also need to sign the will for it to be deemed legally binding.

That's quite a challenge with lockdown measures preventing people from being within two metres of each other, unless they live together.

The archaic law dates back to 1837, a time of less efficient record-keeping, lower levels of literacy and less advanced technology.

These rules have been severely tested during the lockdown and with social distancing measures in place.

What options are there?

Wills are reportedly being left on car windscreens and signatures are being witnessed through windows or patio doors as people try to adhere to social distancing rules and the law on wills.

Witnessing a will via video conferencing software is not permitted under the Wills Act 1837, as a witness must be physically present.

However, if you urgently need to update or draft a new will, it is possible for the signing of the will to be video recorded.

That will enable us to make good file notes around how instructions came in and how the will was signed.

Once social distancing measures are lifted or the Ministry of Justice finds a solution to the witnessing issue, we recommend re-signing it our presence.

Dying without a will

Research from Macmillan Cancer Support in 2018 suggested that 63% of adults don't have a will - including 42% of people aged over 55.

Not writing a will means the law will decide what happens to any property, money, investments and possessions a person owned before death.

In England and Wales, intestacy rules then kick in to determine which relatives inherit from the estate, and the amount they receive.

These rules don't take individual circumstances or personal wishes into consideration when setting out who gets what.

Quite often, this results in bitter disputes between relatives who believe they are entitled to a slice of the estate.

Will the law change?

The Wills Act 1837 does contain a caveat that relaxes the rules for those on active military action to make privileged wills.

But this specifically relates to war and cannot be extended to civilians in times of pandemics without further legislation.

In 2017, the Law Commission recommended modernising will-writing laws in England and Wales, including the introduction of electronic wills.

The Ministry of Justice is exploring options to relax the rules during these unprecedented times, but has no plans to do so at present.

We should witness the signing of the will where possible, although that proves tricky with clients in lockdown.

Speak to us about writing a legally-valid will.