Since the start of this pandemic we at Nolan Farrell & Goff have noticed an increase in demand for information and advice about making a Will. This includes inheritance tax and powers of attorney. These have always been sensitive issues, but the current crisis has heightened the public’s sense of obligation to plan for the future.
Due to the restrictions put in place by the government we have been forced to close our offices. However, this does not mean we have ceased serving our clients and fulfilling the majority of their requirements. Even though our office is closed, Nolan Farrell & Goff is still open for business and we are engaging with our clients via phone, email and video link on a daily basis.
The creation of the content of the Will can be conducted with your solicitor via any and all of these methods.
The flexibility and resourcefulness we are showing during this crisis is also required by our clients when creating a Will. The law dictates that the Will must be signed in the presence of two witnesses, who in turn must sign it in the presence of the person creating the Will, the testator.
While the witnesses cannot be a beneficiary of the Will, they can be a neighbour (friend, colleague) and the witnessing of the Will can be done through a window to ensure social distancing is adhered to. Once all parties are physically present the witnessing is valid. We can help advise on and organise the practicalities of witnessing the Will to ensure its validity and in accordance with the Government guidelines.
Last, Powers of Attorney can also be created in a similar way, though clarity of instruction and advice is more important than ever during times of limited communication. Changes to a Will or confirmation of what is a draft and what is a final Will must be clear to all parties concerned.
When the documentation is complete, it is advised to keep it in an envelope for three days prior to posting to reduce the possibility of viral transmission.
NB – This is a guide for information purposes only and does not constitute legal advice. If you have an issue requiring legal advice, please contact any of the team at Nolan Farrell & Goff at 051 859999/ reception@nfg.ie