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How were Wills made in lockdown?

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  • How were Wills made in lockdown?

    As my heading says, can anyone please tell me how Wills were made in lockdown please? My Mum is in her 80's so classed as vulnerable to the virus and her Will made during the height of lockdown isn't witnessed by the solicitors but by people she doesn't know. She also had early onset dementia so I'm unsure how the solicitors could have checked her mental capacity? Can anyone please advise?
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  • #2
    At some point during 2020 the legislation changed so that wills could be witnessed remotely until January 2024. If the will has been witnessed by people she does not know, then you may want to challenge the will on her behalf as there could be an element of fraud going on there. Otherwise it can be challenged on the basis it wasn't properly executed though over the next few years or longer I'm sure we will see cases trickling through the courts contesting the validity of wills and how they were witnessed remotely e.g. through a window, video calls etc.

    You/your mum may want to seek legal advice on the validity of the will.
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    • #3
      Or Mum might wish to make a new will.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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      • #4
        Thank you rob and atticus for your replies. I'm so sorry for not replying sooner, I thought I had but the reply I thought I'd done isn't there....very odd.

        Myself and Mum have taken on board your advice and Mum has made a new Will, though I'm sure the people who pushed her into the other one will contest it when the time comes

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