COVID-19 and Will Disputes

COVID-19 and Will Disputes

There is no doubt that we are living in unprecedented times and trying to come to terms with life in a pandemic. It has been described as being "surreal". When did it become "surreal" for you? Was it when you were queuing to get your grocery shopping ensuring you are two metres away from other shoppers at all times? Seeing your favourite bar or restaurant closed until further notice? Realising that you are unable to visit loved ones? Or perhaps it was when you realised it is nearly impossible to get toilet roll and it doesn't in fact grow on trees?

It is a situation we have never experienced before and we are all trying to adapt as best we can. The United Nations reported that this is the worst crisis since World War II. There are over 800,000 cases reported globally and around half the world are in some kind of "lockdown" as countries try and battle Covid-19 and to stop or at least slow down the spread.

The sad reality of the situation is that many people are going to become ill with the disease and as hospitals struggle to meet demand, there will, inevitably be those who sadly pass away. There have already been a number of deaths in the UK from Covid-19. Just last week, our own Prime Minister was in intensive care after his symptoms worsened but luckily is now recovering.

Some of those who do sadly pass away, will have not made a Will setting out how their estate should be distributed after their death. They may not have spoken to loved ones about their wishes, nor contemplated the potential for loved ones to become embroiled in arguments about who is to inherit versus perhaps who feels they ought to inherit. If you die without leaving a Will, you are deemed to die intestate which means that your estate is distributed in accordance with certain rules which are defined by law. These rules can be arbitrary and your estate may not go to the person you would like. This can leave the estate open to challenge if someone feels that they have not adequately been provided for.


It is an undoubtedly a turbulent time for the population and whilst it is hoped that the measures put in place by the government will slow the spread of Covid-19, it is inevitable that more lives will be lost. It is important to take steps to make sure that your personal affairs are in order. Now is the time to consider whether you or a loved one needs to make a Will or review and update an existing Will. A Will is arguably one of the most important things to have in place as it can provide you with peace of mind that you have made your wishes clear and have provided for those that you want to provide for after you are no longer here. Although making or reviewing a Will may seem a burdensome and costly exercise, it can avoid problems later on down the line. We have written previously about the importance of making a Will and a link to that article can be found here - https://www.clapham-collinge.co.uk/news/why-it-is-important-to-make-a-will.

As a firm we are continuing to operate as usual with many of our employees working remotely from home. All of our services remain fully accessible. In order to reduce the need for face to face meetings in accordance with the social distancing guidelines, all of our teams, including our Private Client team are providing telephone or video conferencing appointments. They will be able to assist you with the preparation of a Will or updating an existing Will. They will also be able to discuss Lasting Powers of Attorney or any other legal documentation you require.

If you do find yourself in a situation where there are arguments after the loss of a loved one, we can help too. We have a specialist team who deal with Contested Probate who are able to talk you through your options and provide advice on next steps.

As always, we're here for you if you need us. For more information or to arrange a telephone appointment, contact us today on 01603 693500 or email us using 'Make an enquiry' online form on our website.

*This article is provided for general information purposes only and does not constitute legal advice or other professional advice.