The Government has indicated that it is considering reforms to probate legislation to accommodate the challenges of the coronavirus outbreak but has cautioned against any move to suspend the requirement for two independent witnesses, owing to the fraud risk.
The Government stated that it is reviewing the case for reform of the law on making Wills because of the situation around the COVID-19 pandemic.
Alex Chalk, Justice Minister, said: “The constraints of the COVID-19 situation must be balanced against the important safeguards in the law to protect elderly and vulnerable people, in particular against undue influence and fraud. Having two independent witnesses provides safeguards to those making Wills.”
In the discussion, Chalk went on to reject the idea of allowing privileged Wills, which can be made on active military service, saying that those circumstances do not equate to the coronavirus crisis.
The Government has reaffirmed its commitment to considering further work on witnessing documents via video-conference, and referenced a recent report by the Law Commission on the Electronic Execution of Documents, stating that this report will help to inform political reforms to the law on Wills in the future.
There has been an increase in the number of individuals either creating or updating a Will in the last few weeks, with preparations for the future brought into focus.
By making or updating a Will, individuals can ensure that:
- Their assets are passed on to those they want to benefit from their estate
- Inheritance Tax (IHT) is mitigated
- Vulnerable family members and friends are protected
- The likelihood of potential family conflicts is reduced
For help and advice on matters relating to Wills and other private client matters, contact our expert team today.