The Government has confirmed that face to face interactions between lawyers and clients are not permissible under the Alert Level 3 restrictions. This means that lawyers and clients need to continue to use the alternative methods of witnessing documents.
It is still possible to complete Wills and Enduring Powers of Attorney at this time. We summarise the process below.
Wills
The Government has introduced a temporary law change to modify the requirement for signing and witnessing Wills. The change provides that:
· Wills may be signed and witnessed using audio-visual links (for example, Zoom,
Skype, Facetime etc).
· Witnesses can witness the will-maker sign a copy of the Will by audio-visual link.
· Witnesses can sign a copy of the Will in front of the will-maker by audio-visual link.
· All people signing a copy of the Will must make it clear on the copy that it
is signed this way because an epidemic notice is in force.
· Photographs or scans of the signed copies must be taken and sent as soon as
practical to a person who has been chosen to hold the document (normally the lawyer).
Clients who are living with other adults may still be able to sign their Wills in the presence of those adults as witnesses, provided there are no gifts to or through one or both of those witnesses.
Enduring Powers of Attorney
Similarly to Wills, the Government has made a temporary law change to allow EPAs to be completed by audio-visual link:
· The lawyer can give the necessary advice to the donor (the person making the EPA)
and witness the donor sign a copy of the EPA by audio-visual link.
· The lawyer can sign a copy of the EPA in front of the donor by audio-visual link.
· The attorney(s) can sign a copy of the EPA and have their signature witnessed
by audio-visual link.
· All people signing a copy of the EPA must make it clear on the copy that it is
signed this way because an epidemic notice is in force.
· As with Wills, photographs or scans of the signed copies must be taken and sent
as soon as practical to a person who has been chosen to hold the document
(normally the lawyer).
If done correctly, Wills and EPAs signed and witnessed in the ways described above will be valid and you do not need to make new documents after the Alert Level 3 ends, unless you want to make further changes.
If you would like to speak to someone about making or updating your Will and/or Enduring Powers of Attorney please get in touch with us.