This is a question that we are getting asked almost on a daily basis, so…

Can you make a valid Will during COVID-19?

Firstly, what does a ‘valid Will’ mean and secondly, why does that matter?

BUT, if you are short on time, YES! You can still make a valid Will during COVID-19.

There has been a lot of speculation in the media, recently, about whether some of the legal obligations surrounding the making of Wills should be relaxed in the current circumstances, but as of yet this has NOT happened and so, for the facts:

In order for a Will to be valid there are some legalities that must be followed and in place, including:

• The person making the Will, sometimes termed as the Testator, must be 18 years of age or over (save for some very rare exceptions);

• The Will must have been made voluntarily;

• You must be of sound mind (and have capacity) when making your Will;

• The Will must be in writing;

• The Will must be signed by you, the Testator, in the presence of two witnesses, both of whom are over the age of 18;

• Both witnesses to your signature must also sign the Will in your presence;

• The Witnesses should not be a beneficiary, or your spouse, as any gifts to them within the Will would then fail.

This may seem like a lot to consider, especially given the current circumstances that we are living in.

However, we are still working and able to take instructions, draft and witness valid Wills during this time.

So, why is it important to have a valid Will in place?

Only if the Will is valid, can it be accepted by the Probate registry and used to follow your wishes and distribute your Estate following your death.