As Covid-19 struck the world and it reverberated through the lives of millions, people realised that life is too short. The turbulence of the pandemic was so impactful that more and more people in Ireland and beyond have started fielding questions like — “can I make a will?”, “I had made a will many years back, is it still relevant?”, “what should I do to make a will?” Isn’t it obvious given the challenging times and the uncertainty life faces?
Ask a law firm in Cork and the legal experts shall confirm the sharp rise in clients making their wills during the crisis. While some of them are concerned about contracting the virus and dying of Covid-19, others have just made it a priority in their to-do list as they finally have the time to do so.
However, with the current restrictions of the ‘new normal’ in place, the million-dollar question is — are solicitors in Cork city executing wills? Well, the good news is that they are ready to help to relieve you of the added anxiety regarding your property, wealth and succession planning. Though most of them are discouraging office visits at present, they have not shied away from advising and assisting clients eager to make a will or amend it.
Let’s check how can you make a will during Covid-19 and the role played by a law firm in Cork.
Before proceeding, here are a few things you must keep in mind:
ü As a testator, you must be married or your legal age should be 18 or above.
ü The will should appear in writing and consequently signed in by you.
ü The will should be backed by two witnesses, who should be present to acknowledge your signature. Also, they too should sign the document in presence of each other.
ü The witnesses chosen by you, must not be a beneficiary of the will but should be over 18 years of age with the capacity to understand what they are doing.
ü The witnesses might not know the will content but should witness the part the testator’s signing.
Had situations been normal, much of the formalities could have been taken care of at the solicitor’s office. But since we are amid a pandemic, both the testator and the solicitors have to comply by certain guidelines concerning Covid-19. This prohibits the testator from visiting the office. Thanks to technology, solicitors are leveraging virtual interactions over email, video calls and voice calls to execute the wills! Expect the solicitor to take instructions that way and draft the document only to send it back to you for final review and proper execution.
Now coming back to witnesses, the Irish law upholds the importance of independent witnesses, who are not related to you by any means. The will shall stand invalid for testators, who choose their spouses or any of those beneficiaries to act as witnesses. However, neighbours fit the bill as long as they aren’t beneficiaries. Many of the Irish testators have, in reality, passed the will over a garden fence or popped them through their neighbour’s window or into the letterbox. This has both helped them to comply with the social distancing protocols and the stringent policies set by the law in Ireland regarding wills. Just in case, there’s no neighbour on whom you can trust, you can also drive to a nearby friend’s address and get it signed by them. While doing so, you shall have to record the process or arrange a video call with the solicitor to keep the person in the loop in case, disputes in future arise.
Many of you might question — “what if I don’t get a reliable witness, who fits the bill?” To them, we would like to convey that you may convince your solicitor to play the role. Since by profession they are key workers, designated to carry on the orders on behalf of the State, you can very well hire them for the said responsibility.
With social distancing norms being followed ardently, the next question that shall automatically pop up in mind will be — “do I have to swear an oath in presence of my solicitor to grant the administration of my estate?” Well, had the situation been normal, you could have expected the same. But the Court Service today deems a “statement of truth” to be fit for the occasion. So, you can heave a sigh of relief knowing that you shall not have to visit the court for the purpose but sign the document at home and send it over to the court via your solicitor.
Postscript:
The Irish law has simplified the Will making process with much of the proceedings happening over voice calls, video calls and through emails. Breen Walsh Solicitors, a law firm dealing with cases involving property, litigation, employment law, family law and accident claims in Cork, is ready to take you through Will execution by following the amended laws. You may contact them if you are seeking reliable solicitors in the Cork city for your case.
