At the start of 2020, few of us could have predicted just how strange and frightening life would become. As we welcomed in the New Year, few could have known we were waving goodbye to many of the things we had taken for granted, whether that was visiting loved ones or simply buying toilet roll.
Don’t let 2021 catch you off guard.
Coronavirus affects us all, so it is little wonder that since it began sweeping the country, solicitors have noticed an increase in the number of people making a will.
It is not a pleasant topic to think about, especially during a global pandemic. But there is no better time to consider getting your affairs in order.
A will offers two things many of us have missed over the last year: peace of mind and stability.
Why write a will during the coronavirus pandemic
Perhaps the virus has taken a friend or relative. And the constant stream of COVID news may have you worrying about your family’s safety.
Our daily routines and sleeping patterns have already been disrupted, without the added worry of how your family would cope if the worst happened. Taking care of your emotional wellbeing and mental health is essential in uncertain times, and planning for the future can help ease some of that strain.
If the worst does happen, have you made provisions for your family?
Making a will lets you divide your assets and estate between beneficiaries. You might want to make sure your partner gets the house, leave a treasured heirloom to a relative, or set up a trust for your children.
A will puts you in control, which can feel especially valuable during uncertain times.
As long as you are 18 or over and have mental capacity, you can make a will, and it may be simpler than you think.
What to include in a will
Preparing a will can be straightforward, depending on the size and complexity of your estate.
You should include:
- Properties
- Money, stocks and shares
- Personal possessions
- Businesses
- Provisions for childcare if you have children
You will also want to choose:
- Beneficiaries – the people who benefit from your will
- Executors – at least two people who carry out your final wishes
- Witnesses – the people who sign the will to confirm everything has been done properly
How to make a will during COVID
There are three ways to make a will. You can write it yourself, use a professional will writer, or ask a solicitor to draw it up for you.
While a DIY will might seem appealing, especially when trying to socially distance, it is not usually the best option. The law can be unforgiving, and one mistake in the wording could lead to disputes later on.
If possible, use a solicitor or professional will writer, as they can make sure the correct process is followed. Despite government restrictions, most will writers and solicitors continued to operate online and in person, meaning it was still possible to make a will during lockdown.
A valid will is:
- Written by someone aged 18 or over
- Made voluntarily and in writing
- Signed by you and two witnesses
Before coronavirus, both you and your witnesses needed to be present in the same room. This helped confirm that the will was made freely, without pressure or outside influence, in case its validity was later challenged. Witnesses and their spouses also cannot benefit from the will, so they act as independent observers.
During the pandemic, witnesses were temporarily allowed to witness a document through video streaming. Your solicitor or will writer would have been able to arrange this.
Alternatively, for a fee, a solicitor and another employee may be able to act as witnesses.
What happens when you don’t have a will?
If you die without a will, your assets and estate will be subject to the rules of intestacy. This means the law decides how your estate is shared out after your death.
In many cases, your partner may benefit, but only if you are married or in a civil partnership. So-called common law partners are not recognised in the same way and are not automatically entitled to inherit.
Likewise, if you have separated from your partner but are still legally married, they may still be able to benefit from your estate.
Partners (married or in civil partnership)
If your estate is worth £270,000 or more and you have children or grandchildren, your partner will receive all your personal possessions, the first £270,000 of the estate, and half of the remaining estate.
If you do not have children or grandchildren, your partner receives all personal possessions and the entire estate.
Children
If there is no surviving partner, your children will inherit the estate equally between them. However, they must be old enough to inherit, and intestacy rules also cover who looks after minors if both parents have died.
Relatives
Other relatives may inherit depending on the circumstances. At that stage, though, it can become a significant burden for them to navigate the legal process.
If you have no surviving relatives at all, everything you own passes to the Crown.
So while your family may still receive an inheritance, it may not go to the people you would have chosen, or be divided in the way you would have wanted.
Why make a will during COVID
We never know what is around the corner. During a pandemic, life can feel even more unpredictable.
A will offers security for your loved ones. Whether you decide to make one now or are only just starting to think about it, it is worth having the conversation with your family and loved ones about your wishes. Working out your will can be a way to take back a little control during a time that may otherwise feel powerless.
With The Law Superstore, you can explore what having a will means for you and your family, and compare and connect with legal experts to get the advice you need.