The second lockdown in England is expected to be in place until at least Wednesday 2 December. Businesses must close, we must stay at home and households must not mix during this time. Exceptions include; leaving home to go to work, where it is not reasonably possible to work or provide services from home; to fulfil a legal obligation or to participate in legal proceedings; shopping for essentials such as food or medicine; education and childcare; medical reasons and compassionate care.

As solicitors, our doors must also close, however we are able to continue to provide legal services to clients remotely. If you need legal advice, you can still contact us. Our meetings with you will be virtual, but you can still expect to receive all the support you need. This includes company law, commercial property law, conveyancing, employment law, family law, Wills, Trusts, Probate and litigation.

The Law Society has provided a useful summary of the latest restrictions here: https://www.lawsociety.org.uk/topics/coronavirus/new-national-lockdown-in-england

The property market

The regulations allow people to leave home to manage activities in connection with the purchase, sale, letting or rental of a residential property. It also includes visiting estate or letting agents, developer sales offices or show homes, viewing residential properties to look for a property to buy or to rent and preparing a residential property to move into.

It is also OK to visit a residential property to undertake any activities required for the rental or sale of that property.

Writing a Will

For a Will to be legally binding, it must be signed in the presence of two independent adult witnesses. The Will writer must also see it being signed by the testator. Generally, this is done face to face.

However, with the lockdown preventing different households from mixing, witnesses and Will writers have been finding new ways to be there physically yet remain within the Covid restrictions. These include witnessing the signing from the doorstep, over the garden fence or through a window.

However, these solutions will not work if the testator is in a hospital or care home, where visitors are not allowed and there isn’t any clear visibility. To help, in such exceptions, the Wills Act 1837 has been amended. The amendments state that whilst the Covid restrictions are in force, the ‘presence’ of those making and witnessing Wills can also be carried out via live video-link, as an alternative to physical presence. It is essential the witnesses have clear sight of the document and the person signing it.

There will also be exceptional circumstances, where we can still meet clients if it is necessary, and we remain within the social distancing rules.

For more information see: https://www.gov.uk/guidance/guidance-on-making-wills-using-video-conferencing and https://www.lawsociety.org.uk/topics/private-client/video-witnessing-wills

Please speak to our Wills, Trust and Probate team if you need to write a Will during this time.

Child arrangements

Child arrangement orders can still be upheld during the second lockdown. The Government has confirmed that children are still able to move between homes if their parents live in separate households.

The exception to this is if either household must isolate due to a member of the home displaying Covid symptoms or being instructed to do so by the track and trace system. During this time, alternative ‘virtual’ arrangements should be made to maintain child contact.

Where parents do not agree to a change in the child arrangements, the first step will be to try to work together and agree on the best outcome for all, that is within the lockdown restrictions. However, where a decision cannot be reached, you should see legal advice from our team of Family Solicitors.

If you need to make an appointment with one of our solicitors email info@hrjforemanlaws.co.uk or call Hitchin 01462 458711, Welwyn Garden City 01707 887 700.

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