Wills, Trusts & Probate

Coronavirus COVID-19 Services Update – Wills, Trusts & Probate

Preparing and Signing of legal documents: Wills, Lasting Powers of Attorney and Trusts

EMG Solicitors are actively monitoring and responding to the evolving COVID-19 (Coronavirus) situation and are following all guidance and advice issued by the UK Government, NHS and Public Health England.

We place a huge value on family – our family at work, home and our wider communities and the wellbeing of our team and our clients is a priority.

Please head to this link for our latest company notice.

How we can help you to prepare your Will (s)

These are unprecedented times and official guidance regarding the preparation of Wills is every changing.

In this current time, we are able to offer a flexible service with regards to Wills, LPA’s and Trusts. We are able to conduct meetings remotely, meet face-to-face by appointment and can also offer telephone or video appointments depending upon your preference. At all times, we are observing Government guidelines for your peace of mind.

Please contact our switchboard on 0191 500 6989 to arrange any advice you require.

All documentation prepared will be sent out to you via post or electronically, by email, for you to then print, review and sign at home.

Preparing your Lasting Power of Attorney

To read our guidance on making your Lasting Power of Attorney please click here.

To see how you can safely and responsibly make a lasting power of attorney, click here to read the latest government advice.

Witnessing and signing your Wills

By law, your Will(s) must be signed in the presence of two independent witnesses who must be aged 18 or over and must not be a beneficiary of your Will or the spouse of a beneficiary of your Will.

With recent changes in the law regarding the witnessing of Wills your advisor will discuss and agree with you the best solution for your circumstances in line with Government guidelines.

The law regarding remotely witnessed Wills has been changed: https://www.step.org/industry-news/remotely-witnessed-wills-officially-declared-valid-england-and-wales

PLEASE NOTE: Until your legal documents are CORRECTLY SIGNED they are not legally valid, and so in the event of your death your estate will be distributed in accordance with the terms of any previous valid Will or if there is no such valid Will, then in accordance with the Rules of Intestacy. In the event of your mental incapacity, your affairs will be dealt with in accordance with the terms of any previous valid Enduring Power of Attorney (EPA) or Lasting Power of Attorney (LPA) you may have made or, if there is no such valid EPA or LPA, then in accordance with any Order of the Court of Protection in respect of your property and financial affairs, and your health and welfare.

Timescales & Payment

Ordinarily, in non-urgent cases, we aim to send out draft legal documents within two to four weeks of receipt of final instructions.

Ordinarily, in urgent cases, we aim to send out draft legal documents within 48 hours but if we are unable to comply with this timeframe we will contact you. We may also be able to prepare documentation more quickly and this can be discussed with your adviser. If your Will is urgent for any reason please inform us as soon as possible.

In the current circumstances, we will require payment on account for any Wills, LPAs, Trusts and advice given and your adviser will discuss this with you.

Depending on the nature of your instructions and circumstances, we may need to insist upon a virtual/video meeting before the legal documents can be signed. This could, for example, be where there is a risk of challenge to the content of the legal documents in the event of your death or mental incapacity. If official guidance and/or staffing levels do not allow for this then we will either need to refuse your instructions or proceed on the basis of  ‘Document Production Only’ (that is, without being asked to confirm the presence of mental capacity and the absence of undue influence) which could adversely affect matters if there were a challenge to the validity of the legal documents.

Your adviser will assess and determine whether or not your situation is one that requires a virtual/video meeting (and so whether we need to refuse instructions or can proceed on a Document Production Only basis). This is likely to be determined by the likelihood of a claim being brought against your estate.

Fast Track Wills

In addition to the service highlighted above, in certain circumstances we may be able to offer:

• Urgent Basic Wills completed with a 48hr turnaround
• 20% discount for any existing clients coming back to review and update their Will to include any necessary inheritance tax planning and trust advice in 2020.

Please contact our Wills, Trusts & Probate Team on 0191 500 6989 for further information.

Details of the Newcastle District Probate Registry can be found here.

Information on Wills can be found on the Solicitors Regulation Authority website here.

 

EMG Solicitors | Updated 31 July 2020