Is The Will You Made During Lockdown Valid?

When the Covid-19 pandemic sent England into its first lockdown back in March 2020, health concerns and fears about the future prompted many people to create a will. But with restricted access to solicitors and social distancing in place, there are now concerns that some of these lockdown wills may actually not be valid.

If you created a will during the pandemic, especially if it was a homemade or DIY will, we urge you to get it checked by a solicitor to make sure that it was executed correctly.

Here at Hibberts Solicitors in Cheshire, our experienced team of probate and wills solicitors in Crewe and Nantwich can review your will to make sure it is valid and accurately reflects your wishes.

In this article, we explore the potential problems with lockdown wills and highlight the importance of having your will reviewed by a solicitor.

The case that highlighted the risks of lockdown wills: Peter Coady v Gerard Coady

Concerns about the validity of lockdown wills were highlighted by the case of Peter Coady v Gerard Coady.

In this case, Kathleen Coady created a will in April 2020, which appointed her son Gerard as the sole executor and residuary beneficiary, replacing a will from March 2017, which named her son Peter as the executor and residuary beneficiary.

The 2020 will was drafted and prepared by solicitors during the first lockdown and sent to Kathleen to sign at home.

The will was later challenged by Peter, who claimed that the witnessing requirements had not been properly met. The witnesses stated that although they had seen Kathleen from a distance, they did not see her signing the will and that when they signed it, Kathleen could not see them doing so.

The court ruled that the 2020 Will was therefore invalid because it had not been properly witnessed.

How were the rules on will witnessing during Covid?

Usually, the person making the will must sign it in the presence of two independent witnesses, who then also sign the will. But will witnessing rules during lockdown were slightly different.

During the pandemic, health concerns and social distancing made will witnessing difficult, so the government temporarily changed the law to allow video witnessing of wills using video conferencing technology like Zoom, Teams, or FaceTime. The person making the will signed it on the call, then it was sent to the witnesses to sign afterwards.

What are the most common problems with lockdown wills?

Usually, a strict legal process is followed when creating or updating a will. During lockdown, the unusual circumstances made it more difficult for this process to be supervised and carried out in the usual manner. In the following years, this has led to questions being raised about the validity of many wills created during lockdown.

Common problems with lockdown wills include:

• Improper witnessing: Even though video witnessing was allowed during the pandemic, there were still strict legal requirements as to how signing should be carried out remotely. If the witness could not clearly see the will being signed or if the correct process was not followed, the will may not be valid.
• Isolation and illness: During the pandemic, many people created wills whilst they were unwell or isolating. This raises concerns about whether the person had the necessary mental capacity to do so, or whether they were under pressure from someone they were isolating with.
• DIY mistakes: The pandemic made it more difficult to visit a solicitor in person, driving many people to take matters into their own hands and create a DIY will, sometimes without legal advice. These wills are more likely to contain errors, unclear wording, or to have been signed incorrectly, all of which can lead to disputes or challenges after the person’s death.

Should you get your lockdown will checked by a solicitor?

If you made or updated a will during the pandemic, it is a good idea to have it reviewed by a solicitor to make sure that it is valid.

Discovering that a will is invalid, or having a will disputed after a loved one has passed away, can add unnecessary stress at an already difficult time. Having your lockdown will reviewed can help prevent uncertainty for your family and provide you with peace of mind that your estate will be distributed according to your wishes.

At Hibberts Solicitors, our wills solicitors can check whether:

• The will was witnessed properly.
• The correct process was followed when it was signed.
• The will clearly reflects your wishes.
• The will needs to be updated.

Hibberts Solicitors has been helping individuals and families across Cheshire and Shropshire with wills and estate planning since 1799, so you know you’re in safe hands with us.

If you’re wondering: Is my lockdown will valid? We’re here to help. Contact Hibberts Solicitors on 01270 624225 or by emailing enquiries@hibberts.com.