We are all aware just how important it is to protect our clients wishes as set out in their Will, against the possibility of a future challenge.
In light of this we strongly recommend using the Will Clarity package, effectively giving your client a voice after their demise.
Best advice dictates that Will clarity statement is produced at the time the Will is drafted so all facts are easily brought to mind.
Currently however, we are in unprecedented times and having to adapt our working practices to accommodate the challenges posed by Covid-19, whilst still ensuring we provide our clients with a valid Will.
So, what can be done for those clients whose Wills are not currently protected by a Will Clarity and Execution statement?
Introducing the “stand alone” Will Clarity package
You can now revisit client Wills which do not currently benefit from having the Will clarity package in place, for the following scenarios:
- A Will clarity statement for a Will that has already been prepared and executed (with the Advisor present)
- A Will clarity statement for a Will that has been prepared already and executed (without the Advisor being present)
- A Will clarity statement for a Will that has been prepared already but not executed
When to use the “stand alone” statement
In order to produce the statement you will be required to answer the same questions as though you are drafting the Will today.
It is worth ensuring that you have all relevant information to hand to allow you to accurately complete the Will clarity statement before proceeding and where this is lacking, consider drafting a new Will. Bear in mind the inability to take instructions face to face at this time.
- Wills already executed with the Advisor present
In this instance, the Will clarity statement will also include the statement of execution within it, i.e. the software will ask all of the execution questions relevant to the execution statement within the will clarity statement, so all in one process but only where the consultant was present for the execution.
- Wills already executed without the consultant present
If you were not there when the Will was signed, then you cannot complete the statement of execution questions yourself and the testator (who clearly was present) needs to do this themselves.
This can be handled in two different ways, either by confirming electronically online OR by completing a paper instruction sheet.
Using a paper instruction sheet is a last resort and only applicable for those clients who don’t have internet access. For clients who do have internet access, they will be sent clear instructions on where they can locate and complete the execution form (and sign) either by text or email.
So, the stand alone Will clarity statement will be prepared by you, the Advisor and posted out to your client as usual, with the statement of execution being a separate process.
- Wills not yet executed
Although this situation will be rare, it is worth noting that you still have the opportunity to provide clients with a Will clarity and execution statements after the Will has been drafted, as laid out in the points above and depending on whether or not you will be present at the actual Will execution.
Whilst we would always recommend following best advice by creating a Will clarity statement at the actual time the Will is created, “it’s better to…………..
have one and not need it, than need one and not have it.”
If you would like more information on our stand alone Will Clarity package, please contact our New Entrants Team on: 01926 514 390 Ext 9170 or email newentrants@countrywidegroup.co.uk
This article was submitted to be published by Countrywide Tax & Trust Corporation as part of their advertising agreement with Today’s Wills and Probate. The views expressed in this article are those of the submitter and not those of Today’s Wills and Probate.
