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14 May 2020 / Veronica Cowan
Issue: 7886 / Categories: Features , Profession , Wills & Probate
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What will be, will be…

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Veronica Cowan outlines the difficulties facing wills & probate practitioners during lockdown

In brief

  • Are wills and probate lawyers regarded as key workers?
  • Executing wills: big concerns for private client lawyers.
  • Challenges under lockdown: arm’s length drafting, registering deaths and making funeral arrangements.

Although the Government is tentatively loosening some of the current lockdown restrictions, some social distancing looks set to continue for some time. This might cause some law firms to stick with home-working arrangements for now, especially if it has proven helpful to the practice.

Key workers?

One area in which solicitors might be expected to have struggled to work in line with social distancing rules is in the area of wills and probate, especially at a time when many people might wish to make a will. Are solicitors allowed to see clients or are wills and probate lawyers not regarded as key workers? Elspeth Neilson, private client partner at Osbornes Law, explains: ‘No, we’re not key workers. Some private client practitioners are still going to the office occasionally, and depending on their firm’s policy

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