Where there’s a will there’s a way
WIDOW Nadia Jacobs wanted to update the will she had made 15 years ago, but having lost track of it she didn’t know where to start.
Then Covid struck. “It brought home how vulnerable I am and my inheritance wishes have changed,” the 80- year- old explained when she asked Crusader for help, admitting: “I delayed sorting it. I felt so stupid I couldn’t remember the solicitor who did the will or find a copy.”
Nadia, a UK resident, had been visiting her former home in Eastern Europe just before lockdown in March, stayed longer because of ill health and remained there because of Covid risks.
Lots of people lose their will, according to Certainty, the National Will Register, which is the UK’s largest register and search service and is used by government agencies, the legal profession and charities. Covid’s impact has led to a surge in searches this year.
“In the case of a living person looking for their own will, they would need to provide proof of identity,” says Certainty director Robert Brown.
“When dealing with a deceased person’s will this entails providing a death certificate and ID from the person searching, who would be an executor, family member, beneficiary or friend.
“The National Will Register would not contact you directly to say they identified the will as we cannot disclose the existence.
“The law firm which holds it would contact you and validate your enquiry before disclosing the existence. This is to uphold confidentiality.”
As for making or updating a will, instructions can be taken by a British lawyer over a video call, although not an email, as the solicitor would need to verify their client. Other issues such as assessing someone’s capacity or undue influence are taken into account.
If someone is unwell, making new will might be a better course, of action, advises Helen Beach, London regional director for Solicitors for the Elderly ( SFE), a national group of lawyers specialising in older and vulnerable people’s issues.
Covid has increased concerns about death and calls to SFE’s helpline rose 133 per cent last summer.
For someone overseas such as Nadia, Beach explains: “Once a solicitor is confident about instructions, they will need to ascertain whether the will is to be restricted to the assets in England and Wales or worldwide.”
Costs vary depending on firm, region and whether the charge is fixed or per hour, but £ 1,000 to £ 1,500 plus VAT is to be expected.
When signing, a digital signature is not allowed, warns Beach. “The testator and the witnesses will all have to sign the will, it therefore must be the same document that is to be signed, whether it is taken by hand to the witnesses or sent via post.”