There are concerns that the new statutory instrument enabling Wills to be witnessed virtually during the Covid-19 health pandemic could result in a surge of problems, including the possibility of probate dispute claims.
Perhaps the first challenge presented by virtually-witnessed Wills, which came into effect on 28 September 2020, is the fact that they need the physical signatures of three individuals (the Will writer (testator) and two witnesses).
Read more: Remote Wills are necessary but the flaws are obvious
Cross-border probate can seem like a very complicated area of law, particularly for families in the midst of grief and all the accompanying uncertainties that are an inherent part of the administration of a deceased person’s estate.
However, to avoid the possibility of such uncertainty and, potentially, probate disputes, those with cross-border estates should make a comprehensive Will or Wills covering what should to all of their assets across all jurisdictions.
Read more: Cross-border probate — do you need to make more than one Will?
Covid-related probate service delays are unfortunately very common at the moment, with many bereaved families and executors facing delays of 12 weeks or more as a result of the global health pandemic.
This is likely to be a stressful experience for all families, but some relatives may be able to weather the experience of delays more securely than others. In fact, for some families delays to the grant of probate can be catastrophic, particularly if the estate is also accruing interest on outstanding debts and those affected find themselves grappling with questions of liability for this interest.
Read more: Covid probate delays causing concern among executors
Brexit’s likely impact on the popularity of England’s family court system for cross-border and international divorce cases has reportedly led to a surge in such applications and the resulting divorce cases being heard in the run-up to the Brexit transition.
The end of the year will bring an end to the UK’s participation in a long-standing EU agreement under which cross-border divorce rulings made in one EU state are automatically recognised in another; an agreement which has seen London earn the reputation as the so-called “divorce capital of the world”.
A recent High Court divorce financial settlement case, OG v AG [2020] EWFC 52, was notable in a number of ways that may prove instructive to family lawyers and their divorce clients in similar cases in the future. Some of the most enlightening points considered by Mostyn J, Francis J and Cohen J in their commentary on the divorce financial settlement case include the following:
Read more: Judge Rules in a Very 2020 Divorce Financial Settlement Case
