a will made via email with no witnesses during covid 19

[Weedon]

Hello. I'm seeking for an advice on behalf of a friend. He is self isolating due to high pandemic numbers because he cannot afford to catch the virus- leaving a house or seeing other people is a big 'no no' for he has health issues including 'almost no immunity left', as recently told by his GP.

He does not have big estate like some people do but he is very concerned that a few thousand pounds he's got is going to be taken by a government in case he catches the virus and dies for he has no will.

He told me the other day that upon advice of some friend person he was going to compose an email, his Will, and send it to his two beneficiaries. He was told that was sufficient, as a way of specifying what to do with his belonging and money (basically, a Will). Because of the Covid 19 times and extreme circumstances, there are some kind of new 'rules' that would allow it- that this email he wants to write in a form of a Will, would be sufficient.

I must add- he has maybe two or three friends, no family and bad health. And now he is worried through the roof about government getting to keep his few thousands of pounds.
I searched online and was unable to find any info confirming/ denying what he told me.
I also found some information on New video witnessing and Will signing procedure. I have concerns he might not be able to, even if he got in touch with a solicitor, organise it as his skills in using internet and any social media are extremely limited (and all he owns is a phone).

Please, could someone help on how he needs to proceed?

Thank you very much.
Alex



Peridot

[Peridot]

Hi Weedon,
Well I’m not sure who gave your friend this advice or whether he has relayed the information incorrectly but an email to beneficiaries confirming what he wishes to happen to his estate will most definitely not be a valid Will.
There are strict rules on signing and witnessing a Will to ensure it is executed correctly and therefore legally binding.
It is of course possible to write your wishes on a scrap of paper as long as it is signed dated and witnessed by 2 witnesses unrelated to anyone in the Will but I would strongly recommend your friend contacts a lawyer to ensure he has covered all bases. It may also be worth having a look at the Age UK web site if you are able to. There are also schemes by some charities that will pay for a lawyer to prepare a basic Will for no fee or a reduced fee from the client.
Currently many lawyers are taking Will instructions over the phone and then meeting the client to sign the Will once prepared. They do understand that many people do not have the tech or the knowledge to deal with zoom appointments.
There are ways around it in the current situation but emailing beneficiaries is not one of them.
If your friend died without a Will then the Intestacy rules would be followed. You can find more information on the gov.uk website about what happens and the order of legacies in the absence of a Will. It is a long list before the crown gets the estate.
hopefully you can help find some info for your friend and put his mind at rest.