It would also only be a solution where the physical layout of the premises and the health of the testator allowed it.
A bed-restricted, or wheelchair-user, testator might not be able to come to a conveniently located window which, along with a letterbox, must exist in the first place. Clients who live in apartment blocks would, for example, mostly not be able to benefit.
To address this we understand that the Law Society and Ministry of Justice are in urgent talks to find a workable solution to enable testators to create valid wills without breaking quarantine.
Possible options on the table range from allowing handwritten, unwitnessed wills to developing a system that enables electronic witnessing.
Although reform is long overdue a quick fix could lead to negative outcomes.
There needs to be a balance between giving testators the opportunity to make a valid will and protecting people from force, fraud or undue influence.
Temporary legislation allowing unwitnessed self-written wills, or witnessing by video or other means, might provide a short-term solution but should only be for a time-limited period.
Any such measures would, in any case, carry significant potential for challenges to these wills in the future, particularly if there is any doubt about the testator’s capacity or the influence of the interests of other people.
Evidence of the way the will was signed could be required after death.
Video recording the process, or arranging for the solicitor to supervise the process if they cannot attend in person, might be a helpful precaution.
The coronavirus pandemic poses unprecedented challenges for the creation of documents that provide peace of mind to those individuals who are most at risk.
Solicitors, financial advisers and all those with testators’ best interests at heart must be vigilant to ensure that the solutions do not do more harm than the problem they are designed to solve.
Chris Burrows is head of private client at Glaiysers Solicitors
