Coronavirus (COVID-19) – Wills and Lasting Powers of Attorney

We have considered infection risks e.g. that the virus can survive on surfaces (including paper) for a period of time. Surfaces are disinfected, we wear gloves and we provide antibacterial wipes for your use. You are required to have your own black pen with you when attending meetings at our offices for signing documents.  For more information please contact:

Michelle Stopford at mstopford@middletonslegal.com

Charles Goodbody at cgoodbody@middletonslegal.com

Formal legal requirements for Wills to be valid and Lasting Powers of Attorney lawful may cause particular difficulty during the coronavirus (COVID-19) pandemic.

The following are the formal requirements for signing a Will which must be followed.  It must:

• be in writing;
• be signed by the testator (the person making the Will) or by some other person in their presence and by their direction;
• give the appearance that the testator intended by their signature to give effect to the Will;
• have a signature made or acknowledged by the testator in the presence of two or more witnesses present at the same time;
• be witnessed and each witness must attest and sign the Will or acknowledge their signature, in the presence of the testator (but not necessarily in the presence of any other witness).

The following are the formal requirements for completing Lasting Powers of Attorney (Financial   Decisions or Health and Care):

• The LPA must be printed and signed in black pen;
• Everyone must sign the same document;
• The original (not photo or scanned copies) must be filed with the Office of the Public    Guardian for registration with the required fee (£82 for each LPA);
• The Donor and Attorneys signatures must be witnessed. This means someone watching those people sign and then signing themselves;
• A Certificate Provider must sign each LPA as well, having spoken to the Donor beforehand to make sure the Donor understands the meaning and effect of the document. Usually the conversation is face to face but arrangements can be made for that to be by telephone or video call. We offer that service at Middletons.

If you would like more information please contact Michelle Stopford or Charles Goodbody by email.