Securing peace of mind
Covid- 19 has brought the need to create a Will to the front of our minds. Sandra Dick finds out what has changed for solicitors
The coronavirus pandemic has led to a significant rise in the number of people in Scotland taking action to create a Will. Solicitors and professional Will writers have adapted to the pandemic by adjusting their way of working, with meetings that were normally held face- to- face now being held securely and in confidence online.
A decision by the Law Society of Scotland to enable Wills to be signed and witnessed via video conference calls means professionals can adhere to strict legal requirements and continue bringing peace of mind to clients.
Andrew Robertson, managing director at Mcclure Solicitors, which is partnered with 180 charities, says: “The Will industry has seen an increase of around 30 per cent in recent months, so it’s clear that a lot more people are making Wills now than there used to be.
“There has never been a better time to do it than now. If people wanted to make a Will in the past, they would have had to come to us or we would have to go to them. But during the pandemic, a lot of Will instructions are being taken by video – in our case, about 85 per cent.”
Robertson said that his firm – which provides a free Will writing, review and storage service, and has raised more than £ 63 million for charities – has the capacity to process up to 1,000 Wills every month.
For most people, writing a Will is a straightforward process. However, a solicitor or professional Will writer can provide guidance through what can be confusing legalities – particularly important when many modern families can be complicated – or even just assisting in figuring out what your estate may be worth.
However, there are concerns that the race to “get organised” sparked by the pandemic may tempt some to go it alone, and use DIY Will kits. These are full of potential risks, from being filled in incorrectly, to signatures being put in the wrong place or even drawn up for use in Scotland using English law.
That could create a bigger legal headache in the long run, according to Dennis RS Gardener, principal of Saltire Will Solutions and vice- president of the Institute of Professional Willwriters.
He says: “Get a Will wrong and it can take years to put right, and the costs can be phenomenal. People may find themselves unable to sell property, or trapped in a legal nightmare.
“Often we find people don’t understand certain rules, such as that they can’t choose to disinherit children, or that just because they have lived with a partner for decades does not mean they are treated the same as if they were married.”
As well as writing a Will, the Law Society of Scotland recommends that the document is reviewed every five years or so to ensure that it remains up- to- date.
Making or reviewing a Will is a good time to consider how you might want to be remembered.
Many people opt to leave a lump sum or percentage of their estate to one or more charities, having ensured family and loved ones are looked after first.
“I find people want to look after a favourite charity,” says Gardener. “And they tend to feel good once they have written their Will.”
I find people want to look after a favourite charity. And they tend to feel good once they have written their Will