How is COVID-19 Changing Wills Preparation

The COVID-19 pandemic has been disrupting the world for over a year now, and there seems to be no stopping to it. In fact, COVID-19 is even changing Wills preparation and the requirements for other legal documents.

All around us, countries are going back into lockdowns because of sudden surges in cases as new variants are being discovered. The unique ability of the virus to mutate is making it harder to keep it at bay. Moreover, it is still unknown how many variants the virus can change or mutate in to.

Our current circumstances are not only unusual, but are also very unpredictable. Given the rate of its mutation, even those who have already been inoculated are still vulnerable to the virus. More so are those that have yet to receive the first dose of the vaccine.

We are living on a tightrope, which can shake or snap at any moment. As dreadful as it may seem, we must prepare for the unknown – for ourselves and our loved ones. Now, more than ever, the need to protect our family and estate in the uncertain future is greater.

Protect your family now and in the future

A Will is a legal document that secures the future of your loved ones and estate upon your demise. It ensures that the assets that you’ve worked hard to build are left to the right people. Your Will also allow you to appoint an executor who is going to make sure your final wishes are followed precisely. From administering your estate to appointing the guardian of your children.

If you do not have a Will, your assets may be distributed according to legislation following the Law of Intestacy. The Law of Intestacy is a formula set down by the government and may not always have a desirable result. Particularly if you have an unusual circumstance, e.g., having a second family or if you have small children. 

The government will also appoint an administrator to make the necessary arrangements on your estate. However, the process is not that simple and it can be rather costly and time-consuming. Moreover, it can be quite stressful for your family and friends.

Creating or updating your Will is necessary, especially during this time of uncertainty. A valid Will helps ensure your loved ones or the people you care about are protected when you’re gone. Most importantly, it gives you peace of mind knowing that you have secured the interests of your loved ones.

However, because of the still uncertain climate and ever-changing health and safety regulations, lawmakers are making amendments to legislation. In particular, the preparation of Wills and Powers of Attorney has been slightly modified to address COVID-19 circumstances.

COVID-19 is Changing Wills Preparation

How is COVID-19 changing Wills preparation

Our lives completely changed because of the pandemic—from how we work to how we purchase goods and necessities. Unfortunately, this includes the process involved in preparing Wills and other legal documents.

Putting together a Will is already complicated and challenging enough. But social distancing restrictions and frequent lockdowns are making it even more complex.

Traditionally, Wills are written and signed in-person by the Will-maker or Principal and two (2) witnesses to make them valid. However, in light of health and safety restrictions, virtual or remote signing and witnessing of Wills has been allowed.

What to do?

You can opt to make a “home-made or informal Will” or a Will that was not made or signed in accordance with the prescribed process. However, your wishes or instructions could be misinterpreted, and taking it to probate can be a costly and lengthy process.

To ensure your Will is valid and understood properly, it is best to have it prepared professionally by a solicitor. Doing so also enables you to receive proper legal advice and guarantee its compliance.

In addition, while virtual or remote signing and witnessing is now allowed, this process is only temporary. Hence, it is still better to complete the process in-person.

Despite having new regulation to meet the challenges in fulfilling the requirements of Wills preparation, the traditional process should still be considered. This is to ensure your Will remains in compliance even after the temporary amendments have been lifted.

Talk to us to know more about how COVID-19 is changing Wills preparation and what you can do now to ensure your loved ones are protected in the future.

NB: This blog post is neither a legal advice nor intended to be such, and is only for general information. The same should not also be taken as a financial or commercial advice. The reader must personally consult their professional adviser/s on the contents of this blog post. VC Lawyers is not liable for any loss or damage, direct or consequential, as a result of the reader’s or a third person’s misconstruction of the wordings or use/misuse of the contents of this blog post.

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Pelagio Palma Jr., BA, LLB, LLM, MBA

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