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Where There’s a Will in England, There’s a Way Where There’s a Will in England, There’s a Way
(about 16 hours later)
LONDON — On a Ping-Pong table in her North London garden lay Atalanta Georgopoulos’s last will and testament. She signed, and then backed a safe distance away. Up to the table strode her neighbor and his house cleaner, witnesses to the will, each with their own pens, the three of them trying not to make the completion of her will the very act that also kills her.LONDON — On a Ping-Pong table in her North London garden lay Atalanta Georgopoulos’s last will and testament. She signed, and then backed a safe distance away. Up to the table strode her neighbor and his house cleaner, witnesses to the will, each with their own pens, the three of them trying not to make the completion of her will the very act that also kills her.
Countries around the world have scrambled to simplify the writing of wills in recent weeks, heeding the legions of people, young and old, for whom the messy aftermath of death has rushed into view. But England’s influential will-making traditions have stood still, defying the clamor of lawyers concerned that their and their clients’ health is being jeopardized by rules instituted in the first year of Queen Victoria’s reign in 1837.Countries around the world have scrambled to simplify the writing of wills in recent weeks, heeding the legions of people, young and old, for whom the messy aftermath of death has rushed into view. But England’s influential will-making traditions have stood still, defying the clamor of lawyers concerned that their and their clients’ health is being jeopardized by rules instituted in the first year of Queen Victoria’s reign in 1837.
Across England, people are having to choreograph new rituals to satisfy the 180-year-old mandate that wills be signed in the presence of two witnesses — neither of them beneficiaries and, according to the prevailing interpretation, neither of them pixelated.Across England, people are having to choreograph new rituals to satisfy the 180-year-old mandate that wills be signed in the presence of two witnesses — neither of them beneficiaries and, according to the prevailing interpretation, neither of them pixelated.
Will makers have executed drive-by signings and signings through nursing home windows. They have pinned documents under windshield wipers and dog bowls. They have discussed death and enumerated assets from opposite ends of their driveways.Will makers have executed drive-by signings and signings through nursing home windows. They have pinned documents under windshield wipers and dog bowls. They have discussed death and enumerated assets from opposite ends of their driveways.
All the while, will makers have become conversant in a manner of talking about death that once seemed taboo in certain segments of society, transplanting rituals that used to be reserved for oak-paneled lawyers’ offices into the sometimes-awkward light of day.All the while, will makers have become conversant in a manner of talking about death that once seemed taboo in certain segments of society, transplanting rituals that used to be reserved for oak-paneled lawyers’ offices into the sometimes-awkward light of day.
“Before the coronavirus started, I would have been a classic example of wanting to bury my head in the sand and not face it all,” said Ms. Georgopoulos, 48, a writer and mother of three. “But since it kicked off, there’s just a more practical need to get these things sorted that’s less emotional, more detached; to do all of the things we need to do when we’re being grown up.”“Before the coronavirus started, I would have been a classic example of wanting to bury my head in the sand and not face it all,” said Ms. Georgopoulos, 48, a writer and mother of three. “But since it kicked off, there’s just a more practical need to get these things sorted that’s less emotional, more detached; to do all of the things we need to do when we’re being grown up.”
Her neighbor, Geoff Ho, had agreed to witness the signing on the condition that he did not have to walk through her house. So after he and his house cleaner slipped through a side gate and into her garden, they got to work under a pear tree and an olive tree. Ms. Georgopoulos joked about dropping dead the moment she signed. Mr. Ho left a bottle of Chablis on the Ping-Pong table.Her neighbor, Geoff Ho, had agreed to witness the signing on the condition that he did not have to walk through her house. So after he and his house cleaner slipped through a side gate and into her garden, they got to work under a pear tree and an olive tree. Ms. Georgopoulos joked about dropping dead the moment she signed. Mr. Ho left a bottle of Chablis on the Ping-Pong table.
“We all made surreal conversation,” she said, “and toddled off.”“We all made surreal conversation,” she said, “and toddled off.”
In England, which largely shares its will-writing rules with Wales and Northern Ireland but not with Scotland, many parts of life have moved online since the virus, but not the matter of arranging for death.In England, which largely shares its will-writing rules with Wales and Northern Ireland but not with Scotland, many parts of life have moved online since the virus, but not the matter of arranging for death.
The Wills Act 1837, drawn up at a time when illiteracy was rampant, was designed to protect against fraud, ensuring that at least two people who would not benefit from the will could attest to it being signed by the actual will maker without any undue influence.The Wills Act 1837, drawn up at a time when illiteracy was rampant, was designed to protect against fraud, ensuring that at least two people who would not benefit from the will could attest to it being signed by the actual will maker without any undue influence.
But the onerous rules were also intended to corral what some at the time saw as a peculiar practice, historians said. Many English people of that era would have expected simply to pass property on to the firstborn male heir, with no other instruction necessary.But the onerous rules were also intended to corral what some at the time saw as a peculiar practice, historians said. Many English people of that era would have expected simply to pass property on to the firstborn male heir, with no other instruction necessary.
“Wills started out being quite distrusted by the establishment because the thinking was you were trying to divert property away from your heir,” said Lesley King, a professor at the University of Law, which is based in Guildford, England. “So we’ve always had strict rules about wills.”“Wills started out being quite distrusted by the establishment because the thinking was you were trying to divert property away from your heir,” said Lesley King, a professor at the University of Law, which is based in Guildford, England. “So we’ve always had strict rules about wills.”
Those rules became the basis for American will-writing laws, too. But while some states have loosened the restrictions in recent years, England has stood pat. A government-appointed legal panel said in 2017 that the law “needs to be modernized,” but later shelved its review to take up a project about wedding laws instead.Those rules became the basis for American will-writing laws, too. But while some states have loosened the restrictions in recent years, England has stood pat. A government-appointed legal panel said in 2017 that the law “needs to be modernized,” but later shelved its review to take up a project about wedding laws instead.
Among the only exceptions to England’s witnessing requirements was during wartime, when soldiers were allowed to draw up wills in the trenches, said Mark Dunkley, a partner at Shakespeare Martineau, a law firm in Leicester, England.Among the only exceptions to England’s witnessing requirements was during wartime, when soldiers were allowed to draw up wills in the trenches, said Mark Dunkley, a partner at Shakespeare Martineau, a law firm in Leicester, England.
After the coronavirus hit, dozens of American states relaxed their rules even further, allowing people in some cases to witness wills over videoconferencing tools, said Lauren Wolven, a partner at Levenfeld Pearlstein in Chicago who has tracked the changes.After the coronavirus hit, dozens of American states relaxed their rules even further, allowing people in some cases to witness wills over videoconferencing tools, said Lauren Wolven, a partner at Levenfeld Pearlstein in Chicago who has tracked the changes.
Lawyers in Scotland, which has a different legal system to England, have also started witnessing wills over video.Lawyers in Scotland, which has a different legal system to England, have also started witnessing wills over video.
English lawyers have lobbied for similar changes, to no avail.English lawyers have lobbied for similar changes, to no avail.
“It’s endemic to the industry being a little bit left behind,” said Michael Knott, the senior practice director in charge of wills at Slater and Gordon in London. “I can invest millions online using an electronic signature, but I can’t leave a fraction of that to my family or a local charity without having to go through a really archaic process.”“It’s endemic to the industry being a little bit left behind,” said Michael Knott, the senior practice director in charge of wills at Slater and Gordon in London. “I can invest millions online using an electronic signature, but I can’t leave a fraction of that to my family or a local charity without having to go through a really archaic process.”
The government said last week that it was reviewing the case for changes.The government said last week that it was reviewing the case for changes.
“The constraints of the Covid-19 situation must be balanced against the important safeguards in the law to protect elderly and vulnerable people in particular against undue influence and fraud,” said Alex Chalk, a Conservative lawmaker who holds a position in the Ministry of Justice.“The constraints of the Covid-19 situation must be balanced against the important safeguards in the law to protect elderly and vulnerable people in particular against undue influence and fraud,” said Alex Chalk, a Conservative lawmaker who holds a position in the Ministry of Justice.
An obscure case from 1781 has helped English estate lawyers devise creative solutions.An obscure case from 1781 has helped English estate lawyers devise creative solutions.
The case centers on Honora Jenkins, a widow descended from a family of wealthy Yorkshire grocers, who rode to her lawyer’s office to sign her will before dying in 1778. But the office was hot and Ms. Jenkins was asthmatic. So she retreated to her carriage to sign the papers, accompanied by witnesses from the law office.The case centers on Honora Jenkins, a widow descended from a family of wealthy Yorkshire grocers, who rode to her lawyer’s office to sign her will before dying in 1778. But the office was hot and Ms. Jenkins was asthmatic. So she retreated to her carriage to sign the papers, accompanied by witnesses from the law office.
When her will was challenged in a London courtroom, the question arose as to whether Ms. Jenkins had been present when the witnesses had signed it back at their desks. Conveniently enough, her maid testified, at the very moment the witnesses were signing, the carriage horses had reared up, giving Ms. Jenkins a glimpse of the proceedings through the window.When her will was challenged in a London courtroom, the question arose as to whether Ms. Jenkins had been present when the witnesses had signed it back at their desks. Conveniently enough, her maid testified, at the very moment the witnesses were signing, the carriage horses had reared up, giving Ms. Jenkins a glimpse of the proceedings through the window.
On that ground, the will stood, reassuring lawyers two and a half centuries later that witnessing a will through a window was legal.On that ground, the will stood, reassuring lawyers two and a half centuries later that witnessing a will through a window was legal.
“It’s one of those cases that comes up in law school,” said Fiona Smith, a partner at Forsters in London. “It’s one of those quirky cases that you remember.”“It’s one of those cases that comes up in law school,” said Fiona Smith, a partner at Forsters in London. “It’s one of those quirky cases that you remember.”
But not every will signing has a quirky solution. At present, lawyers have to weigh the risk of visiting hospitals, nursing homes or offices to ensure their clients’ wills stand up in court, said Emily Deane, the technical counsel for the Society of Trust and Estate Practitioners, an industry body. In some cases, lawyers have decided to schedule hospital visits for last to avoid carrying the virus from there to a nursing home.But not every will signing has a quirky solution. At present, lawyers have to weigh the risk of visiting hospitals, nursing homes or offices to ensure their clients’ wills stand up in court, said Emily Deane, the technical counsel for the Society of Trust and Estate Practitioners, an industry body. In some cases, lawyers have decided to schedule hospital visits for last to avoid carrying the virus from there to a nursing home.
Some high-volume law firms have experienced a 400 percent increase in will requests in April compared with the same period last year, many of them younger, front-line health workers writing their first wills.Some high-volume law firms have experienced a 400 percent increase in will requests in April compared with the same period last year, many of them younger, front-line health workers writing their first wills.
Updated June 16, 2020Updated June 16, 2020
The steroid, dexamethasone, is the first treatment shown to reduce mortality in severely ill patients, according to scientists in Britain. The drug appears to reduce inflammation caused by the immune system, protecting the tissues. In the study, dexamethasone reduced deaths of patients on ventilators by one-third, and deaths of patients on oxygen by one-fifth.
The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave.The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave.
So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement.So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement.
Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.
A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study.A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study.
The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April.The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April.
Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission.Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission.
States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people.States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people.
Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.
If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)
Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications.Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications.
The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing.The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing.
If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.
If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested.If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested.
[Analysis: Boris Johnson’s press relations are turning testy as virus deaths jump.][Analysis: Boris Johnson’s press relations are turning testy as virus deaths jump.]
Ian Bond, the head of trusts and estates at Talbots, a law firm in the West Midlands, said the firm had seen a 70 percent increase in requests. He said he had had to tuck a will under a windshield wiper to keep it from blowing away on a windy day and carried wills back and forth between neighbors on either side of their fences.Ian Bond, the head of trusts and estates at Talbots, a law firm in the West Midlands, said the firm had seen a 70 percent increase in requests. He said he had had to tuck a will under a windshield wiper to keep it from blowing away on a windy day and carried wills back and forth between neighbors on either side of their fences.
“It usually is quite a solemn thing: You’re signing a document that deals with your death,” Mr. Bond said. “But this is changing people’s perceptions of death. Instead of being a morbid thing to do, this whole pandemic has focused people’s minds on the importance of having their affairs in order. They’ve got no real reason to put it off.”“It usually is quite a solemn thing: You’re signing a document that deals with your death,” Mr. Bond said. “But this is changing people’s perceptions of death. Instead of being a morbid thing to do, this whole pandemic has focused people’s minds on the importance of having their affairs in order. They’ve got no real reason to put it off.”
As hard as they have tried to satisfy the requirements, lawyers said they were still bracing for disputes ahead.As hard as they have tried to satisfy the requirements, lawyers said they were still bracing for disputes ahead.
Andrew Wilkinson, a partner specializing in will disputes at Shakespeare Martineau in Leicester, said he was once involved in a case in which someone left a considerable estate to charity, only for lawyers to discover later that the two signed witnesses had never met, meaning they could not have been present at the same time for the signing. The estate passed to a distant cousin instead.Andrew Wilkinson, a partner specializing in will disputes at Shakespeare Martineau in Leicester, said he was once involved in a case in which someone left a considerable estate to charity, only for lawyers to discover later that the two signed witnesses had never met, meaning they could not have been present at the same time for the signing. The estate passed to a distant cousin instead.
“I’m expecting there’ll be a spike in work in about six months time because of these issues,” he said.“I’m expecting there’ll be a spike in work in about six months time because of these issues,” he said.
For Ms. Georgopoulos, though, finishing her will was a relief, all the more so for having had to improvise. Two decades ago, she signed her first will in a lawyer’s office, a ceremony that felt stale by comparison.For Ms. Georgopoulos, though, finishing her will was a relief, all the more so for having had to improvise. Two decades ago, she signed her first will in a lawyer’s office, a ceremony that felt stale by comparison.
“That time, it was very somber and very sort of, ‘Ah, well, jolly hockey sticks, off we go,’” she said. “There’s something about the grandiosity of going into those oak-paneled rooms and the gravitas and formality of the whole ritual that lands in your body. Whereas there was absolutely zero sign of that in my back garden.”“That time, it was very somber and very sort of, ‘Ah, well, jolly hockey sticks, off we go,’” she said. “There’s something about the grandiosity of going into those oak-paneled rooms and the gravitas and formality of the whole ritual that lands in your body. Whereas there was absolutely zero sign of that in my back garden.”