Category: Private Client
As a team our private client solicitors have learnt to quickly adapt and develop our communication skills with our clients in order to help support and meet our clients’ needs in these difficult times. We are able to to adjust our services to work in a way most suited to our clients, to continue to deal with urgent and important matters for clients at short notice, and we are happy to discuss with individual clients the most appropriate means of communication that meet their particular circumstances. We appreciate that at these times in particular people’s thoughts may naturally turn to the need for Will making or granting Powers of Attorney.
In accordance with Law Society rules, we are able to conduct face-to-face appointments with our clients via a video calling. Wills are described as necessary work, and we continue to take Will instructions and complete Wills as a matter of high importance and can make arrangement for you to sign your Will as a matter of urgency. Given social distancing requirements at this unprecedented times, we are still able come together with our clients through the use of technology, and we shall be continuing to take client instructions for both Wills and Powers of Attorney.
Using technology to witness the Signing of your Will in Scotland.
A Scottish Will is required to signed by the testator at the bottom of each page. A requires to be present when the testator is signing and to sign the last page to confirm they have witnessed the Will being signed, and the testator wishes to be bound by their Will.
With the social distancing rules in place and many people living alone, it is not always possible for an independent adult witness to be present when signing your Will. To overcome this issue there have been new rules put in place to allow you to instruct and complete your Will or Power of Attorney.
Using a Video link; faceTime, whats app video calling, skype and Zoom calls – the Law Society of Scotland have now issued temporary practical guidance providing that Scottish Wills can be witnessed by a solicitor using video technology. For Scottish Wills, the solicitor should witness you signing on each page, or arrange for someone else on the video call to do so. You should then post the principal Will back to the solicitor who should sign it as witness as soon as it reaches them.
This give us the ability to witness you signing the Will via video link and your solicitor will sign the Will once it reaches our office.
We are also able to witness Wills with our clients if we remain 2 metres away observing social distancing.
Powers of Attorney
Using technology to Complete your Power of Attorney in Scotland
Scottish Powers of Attorney all contain a Certificate of Capacity which must be signed by one of the following:-
Scottish Powers of Attorney must also be witnessed by an independent adult. The legislation that governs the signing of Powers of Attorney requires that the solicitor/doctor certifying capacity has interviewed the granter immediately before the granter signs the document.
We continue to adapt our way of working to provide this service to our clients, we are happy to work in the manner that is most suitable to our clients. Should you wish to discuss your Will or/and Power of Attorney we happy to take instructions of the first instance via telephone.