Video Will Signings

30th Nov 2020

The legislation in relation to Wills dates back to the 1800’s and therefore with Covid the normal process of signing Wills urgently had to be reviewed. The law requires a Will to be signed in the presence of two independent adult witnesses who are present at the signing. This has of course proven difficult this year with social distancing, lockdowns and shielding.

On 7 September 2020 the government relaxed the requirement for a testator to sign their Will in the “physical presence” of two independent adult witnesses meaning a Will can executed virtually.

The government has published guidance on the new virtual execution of Wills which includes the following:

• The Will will not be valid until it has been signed by the testator and both witnesses;
• A live video link must be used, it cannot be a pre-recorded video;
• Both the testator and witnesses should confirm that they can see and understand what is happening;
• The witnesses must be able to clearly see, hear and identify the testator and that the document being signed is a Will;
• The witnesses must have clear vision of the testator signing;
• After the testator has signed, the Will should then be given to the two witnesses for them to sign via another live video link with the testator and this should ideally take place within 24 hours of the testator signing the Will;
• The testator must also have clear vision and audio of the witnesses signing the Will;
• Each video link should ideally be recorded and this saved in a secure location;
• Electronic signatures are not allowed, it must be signed in pen; and
• Counterparts are not permitted, the testator and witnesses should all sign the same original Will.

This change in law is to be unusually backdated to 31st January 2020, meaning that any Will virtually witnessed from that date will be a legally valid Will. This relaxation is only intended as a temporary measure and has a provisional end date of 31st January 2022.

The guidance does state that virtual execution of Wills should be an absolute last resort and that the traditional method should be used where it is possible and safe to do so.

There is a risk that as the Will will not be valid until it has been signed by the testator and the witnesses, that if a testator were to die before both witnesses were able to sign the Will, it would not be valid and the testator could die intestate if they do not have an existing Will or with a previous Will that no longer reflects their wishes.

Virtual execution of Wills should be a last resort and only after careful professional advice has been taken. We have found ways to adapt to taking Will instructions and to attend Will signings so we believe in the large majority of cases virtual execution of Wills should not be necessary.

However we are more than happy to discuss your individual requirements and circumstances to ensure that your Wills are prepared and executed in a sensible timeframe and in a Covid-secure method.

Should you wish to discuss your Wills further with us then please get in contact with our Norwich office on 01603 675645 or our Attleborough office on 01953 458162.

Money raised for Dementia UK

 Rogers & Norton are pleased to have finally been able to attend a cheque presentation to Dementia UK between lockdowns and whilst adhering to restrictions.

In 2019 our chosen charity was Dementia UK and in particular, Admiral Nurses in Norfolk. We carried out bake sales, dress down days and had our annual foot-golf charity day to help raise crucial funds for such a worthy cause. Rogers and Norton raised over £7,000 and, together with money raised by the Admiral Walk team, a cheque for £17,000 was presented to Dementia UK. This was overseen by the dementia ambassador pony Jack Brock!

Admiral Nurses provide specialist support to families affected by dementia. They work alongside people with dementia and their families: giving them one-to-one support, expert guidance and practical solutions. The expertise and experience an Admiral Nurse brings is a lifeline – it helps families to live more positively with dementia in the present and to face the challenges of tomorrow with more confidence and less fear.

We are incredibly proud to continue our support for Dementia UK and help fund Admiral Nurses in the local community. Rogers and Norton is a Dementia Friendly company and a member of Dementia Action Alliance.

Major Success for Rogers and Norton Specialist Personal Injury Team

 Mark Hambling, Director in the Rogers & Norton Personal Injury Department has successfully concluded a substantial claim for damages for client following a serious accident at work.

The claim was complicated as our client was a self-employed individual who had been contracted to undertake work at the premises of a customer who he was subcontracting to. This was not therefore a normal employer liability claim but as a result of the Personal Injury team’s experience and detailed knowledge of both the law in negligence and the extent to which this is aided and informed by statutory obligations, we have been able to recover substantial damages for our client against the company which the client had been contracted to undertake the work for.

In 2016, our client had been requested to attend at the premises of a contractor to undertake work which was required to be done at about 4 to 5 metres from ground level. On previous occasions the contractor had provided a scaffold tower for similar work, but on this occasion did not do so, claiming that the tower was not available as it was being used elsewhere on site. As an alternative an inappropriate ladder was provided. Unfortunately the ladder was not suitable for the job and whilst the work was being undertaken, the ladder slipped and our client fell to the floor sustaining a head injury and significant orthopaedic injuries. The consequences of these injuries caused him to suffer significant loss of earning and a long term compromise on his ability to continue to work in his chosen field of employment

The specialist team, headed by Mark, were able to advise our client at an early stage that he had a claim with good prospects of success but equally address the issue that, an experienced contractor who probably knew with hindsight that using a ladder was inappropriate, the case was likely to succeed with some finding to reflect the fact that to a degree our client was the author of his own misfortune. This is known as contributory negligence.

As a result of our experience and knowledge we were able to analyse the issues of the case early upon instruction and having been able to put together a detailed and thorough letter of claim, present an early and favourable Part 36 offer to settle the liability issue with a small finding of contributory negligence. The Part 36 offer created significant cost risks and as a result of submitting the letter of claim and the Part 36 offer in close proximity, the insurers agreed the liability issue leaving the value of the claim then to be resolved.

Having obtained the appropriate evidence from Orthopaedic, Neurological and Dental experts, we documented the significant claim for damages for pain, suffering and loss of amenity and could also establish a substantial claim for past and future loss of earning to age 70, our clients intended retirement age and future treatment costs.

A very substantial six-figure award in damages was recovered plus the client’s costs and was agreed shortly before the Court proceedings needed to be commenced.

Commenting on the case, Mark Hambling, Director in the company’s Personal Injury Department indicated as follows:

I remember the client coming to see me some time after the injuries had been sustained as his initial thoughts had been that it may be difficult to pursue his claim as he was a self-employed subcontractor. I was able to swiftly explain to him how the law will assist him, in particular having regard to the previous conduct of the contractor, the fact that my client was working at height and the element of control the contractor had over the work being undertaken. It was clear at an early stage from my investigation that given my client’s experience and the facts of the case, that a finding of contributory negligence was likely and an early Part 36 offer was able to swiftly deal with that issue, protecting my client’s position as regards to costs. This was a case where the insurers for the Defendant were extremely sensible and engaged in sensible settlement negotiations, saving the costs of issuing proceedings whilst also ensuring that my client recovered full compensation, save for the small percentage deduction to reflect contributory negligence.

My client was delighted with the outcome and told me shortly after settlement that I provided an excellent and professional service achieving an award far in excess of his expectations when he first consulted Rogers & Norton. I was delighted to note that he would not hesitate instructing my colleagues or I in the future should he ever require further legal advice or assistance.

Mark Hambling is a Director of the company’s Personal Injury Department, a Senior Litigator with the Association of Personal Injury Lawyers and a specialist at handling high value and complicated personal injury claims. Mark will consider cases on a No Win No Fee Agreement and is happy to offer an initial discussion as regards any claim without obligation and cost. Mark can be contacted on mbh@rogers-norton.co.uk and by telephone on 01603 666001.