Signing Wills in Lockdown – make sure that you get it right

While the lockdown restrictions continue across England this has presented some challenges for the signing of Wills. 

While we have been able to meet with some clients at the office, maintaining social distancing, to sign their Wills there have been many who have not been able to come and meet with us in person. 

The Wills Act 1837 sets out the requirements for validly signing a Will. Some may wonder why we are still using legislation that is almost 200 years old and which came into force before Queen Victoria was crowned! 

We continue to use the 1837 Act because it provides a specific framework for signing Wills which aims to prevent or significantly decrease the chances of misconduct or other dishonest actions. 

Section 9 of the Wills Act 1837 tells us what must be done for a Will to be validly signed. If you are signing your Will away from the office and without a Solicitor present to talk you through the process you must make sure that all of the following steps are done:

1. You, as the person making the Will, must sign it, and you must be intending to make a binding Will by doing so.

2. You must have a two witnesses present. The witnesses must see you sign the Will and you must see each of them signing the Will.

3. You must also make sure that you have dated the Will on the date on which it is signed. 

The contents of this article do not constitute legal advice and are provided for general information purposes only.