So, what happens when a person has neglected to update their Will and it therefore misses out on more favourable tax treatment? Is there anything which the beneficiaries or Executors can do about it?

Choosing the beneficiaries in your Will, or the amounts that each beneficiary receives, can sometimes be a daunting task. Especially when you consider that you are likely to be making your Will many years before you pass away and you cannot always tell how much your family will grow and change over the coming years.

Making sure that your intended beneficiaries are accurately described in your Will is an important part of ensuring that your Executors are able to administer the estate correctly. However, what happens if you are required to act in an estate where the intended beneficiary is a charity which does not exist?

According to a recent Law Society poll, 7% of the public who responded to the survey had updated or made a new Will during the first lockdown 1.

It has been reported by a north-east property developer that there are approximately 7,991 estates currently left unclaimed in England and Wales. The total value of which is estimated at £1.744bn, equating to £218,300 per estate. They report that the majority of these estates have been left by single people who have not made a Will.

The Mental Capacity Act 2005 originally envisaged two providers of deputyship services outside of the family members of those requiring assistance: solicitors and local authorities.  Mechanisms for both forms of service providers were included in the Act and its connected guidance.  The 15 years during which the Act 2005 has been in place, however, have seen a dramatic development in the landscape in which deputyships are granted and administered.  

On 7th September 2020 legislation was laid before Parliament to bring into force changes to the age-old Wills Act 1837(‘the Act’) to enable Wills to be witnessed virtually by video conference.

Where someone passes away without a valid Will and without known close relatives, the first step is to see if they had any relations who may be entitled to claim from their estate. If nobody in the relevant categories has survived them, their assets will fall to the Crown – or, due to some historic rules, sometimes the Duchy of Cornwall or Lancaster.

Long-term, the forecasts are that charitable gifts will continue to grow, from £2.9 billion in 2019 to around £3.5 billion in 2024.

The probate service is under pressure due to the number of enquiries checking on the progress of cases and asking general questions. They had been in the middle of a restructuring when the pandemic hit, potentially adding to the current pressure on them.

During lockdown there has been talk that the age-old rules of how a Will must be signed might be expanded to include witnesses playing their role remotely. The Ministry of Justice (MoJ) has now confirmed that the Wills Act 1837 will be amended to allow witnesses to be present “virtually” by way of a video link.  

During lockdown we have all had to adapt our ‘normal’ way of doing things to deal with the changes. The same has been true of the process of witnessing Wills, with many of our colleagues having to help act as witnesses through windows, in gardens and even in drive-by meetings.