Will writing, BBC reports – how we are helping
The BBC recently reported that there has been a spike in people seeking to draft or amend their wills. This is not surprising given the current health concerns. However, regularly reviewing the provisions of a will is good sense. Circumstances change, such as relationships, assets and simple wishes for how an estate should be dealt with.
One area often ignored is the issue of who would look after an individuals’ affairs if they become incapacitated for any reason. This is normally dealt with through something called a Lasting Power of Attorney. Lasting Powers of Attorney replaced Enduring Powers of Attorney which can only be used if created before October 1st 2007. Anyone planning their affairs should consider drafting a Lasting Powers document.
The BBC article rightly points out that failing to correctly sign a will in front of two independent witnesses, who are physically present, is likely to lead to a judge ruling the document, and any legacy in it, invalid. This can be tricky given the current lockdown situation however, as Pictons Partner Siobhan Rooney points out there are still ways in which this can be achieved:
“We have been adapting the ways in which we work with clients. We have been taking instructions by phone/skype/facetime and have on a couple of occasions gone to a house to witness a Will through a window. Each day we finding new approaches to getting the job done and we are definitely still able to help new clients at this difficult time.”
There will be some people realising that they do not have a will in place and will now be considering drafting one. Various reports suggest this could be as much as 50% of the population. This is extremely worrying. It’s not just the financial aspects that people need to consider but also essential issues such as child care.
Individuals looking to draft a will, create a Lasting Powers of Attorney document, have a will amended or need advice on probate matters should contact one of our wills and probate specialists:
T: 0800 302 9448