LEGAL EAGLE: Claims made against wills are expected to rise due to Covid

We previously wrote about a sudden spike in those making their Wills with solicitors once lockdown was initially enforced in the UK back in March. The results showed a 70% increase in people making a Will.

The spike was caused by numerous factors, but all were created by the concern surrounding the global coronavirus pandemic which forced people’s minds into ensuring they were protected and, similarly, protecting others close to them during a period of vulnerability.

The outcome of these Wills put in place during the lockdown period could prompt a spike in contentious probate claims, however, solicitors have warned. The reason? Video calls.

Wills made by video calls

The Wills Act 1837 says that Wills must be signed in the presence of two or more witnesses, something which became a difficult matter in April. Guidance published in that time stated Wills must not be witnesses via video calls, with physical presence required by the act.

Questions are therefore asked around Wills drawn up via webcam during lockdown, but also over the view restrictions of socially-distanced physical viewings.

The main problem in contentious probate is the question of what happens when it comes to completing a Will drawn up in lockdown after the rules are eased and normality resumes.

Why? This period of uncertainty has no end date as we speak (in July 2020), and health concerns make it equally uncertain. The biggest issues comes in the tragic circumstances that the person dies, or unfortunately suffers a health setback that affects their situation dramatically, such as a stroke.

Wills rules to get a reform?

Several solicitors expect to see claims made against Wills rise thanks to the pandemic, and all predominantly due to the aforementioned spike in Wills being rushed into and put together too hastily without the correct moral duties applied.

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Will these issues result in a reform of the rules surrounding Wills by the government?

According to the Law Society Gazette: “The government is currently considering how to facilitate will making during the pandemic, and an official announcement is expected this month. The Ministry of Justice said it is also considering wider reforms to will making and will request a review from the Law Commission on the law around deeds.”

To discuss making or Will, Trust, Estate plan or to talk about contentious probate matters, contact our north east probate solicitors on 0333 444 4422 or make an enquiry online.