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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
(21 days 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.
Updated July 22, 2020
“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.
[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.”