The States has passed temporary Regulations until 30th September 2020 that allow wills to be witnessed by video. In addition, various probate documents may now be executed remotely if Covid-19 has impacted actions needed otherwise to be carried out in person.
Understandably there are increased numbers of people who are interested in writing wills at this challenging time. The Covid-19 (Signing of Instruments) (Jersey) Regulations 2020 will be in place to allow people to write wills while in lockdown as well as ensuring appropriate safeguards and practices continue.
These include:-
Janina Porter
Senior Associate
In all cases the relevant parties must be able to see and hear each other.
The individual making the oath, signature, or testament, must be positively identified by relevant persons, be that witness, testator, or Judicial Greffier.
The relevant persons, be that witness, testator or Judicial Greffier, must be able to see the signature being made.
The relevant persons, be that witness, testator or Judicial Greffier, must make themselves satisfied that the document being signed is in fact the document in question.
As relevant, the witness, testator or appointer, must provide a written declaration that the above has been carried out, usually within 14 days, to the Judicial Greffier, testator or their retained advocate or solicitor.
Where necessary, such as in the case of a will of immovable estate, documents must still be read aloud.
Documents, such as signed forms, must be filed with the relevant bodies, with some being time-restricted, for example providing the Judicial Greffier with documents 3 days before application for probate or letters of administration.
Pinel Advocates’ Wills and Probate team has considerable experience in advising on the execution wills and assisting parties to obtain probate. For more information contact Janina Porter at jp@pineladvocates.com