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Under Section 9 of the Wills Act 1837, there should always be two witnesses present during the physical signing of the Will with the testator (the person who has made the Will). The witnesses would also be required to sign the Will in the testator’s presence to validate the document. These rules have been key pillars in the process of validating a Will until the Covid-19 pandemic brought about unprecedented change. As the death rates began to increase, restrictions were put in place by the government, which lead to the elderly population being forced into self-isolation. Suddenly, the need for valid Wills to be made in a timely and efficient manner became a priority.

As a result, new legislation was introduced in 2020 broadening the definition of the witnesses needing to be “in the presence of”, to include video conferencing and “other visual transmission”. This was subsequently backdated to January 2020 and kept in place until January 2022. The government has recently announced that it has extended the legislation till January 2024.

So, why has this legislation been extended when only 14% of solicitors who drafted Wills during lockdown took part in remote witnessing? According to reports from the Law Society, the option to remote witness has proved helpful amongst vulnerable people who need to set their affairs in order and cannot afford to do so in a physical capacity. This legislation was created to support those who are isolating, vulnerable or incapacitated by further restrictions, and has seemingly achieved this goal. However, “video conferencing” to witness and validate a Will is not without its complications.

One of the risks a solicitor must be aware of is that the testator could lose their mental capacity to validate the Will over time. If the testator is not in a proper capacity to sign their Will, it would be difficult to tell this through a screen. There could also be a chance that undue influence is at play by someone off-camera and out of sight during the signing. Unfortunately, there is no concrete way of confirming that the testator is alone and/or uninfluenced over a video call.

There is also a risk of documents going missing in the post. A Will is only valid once it is signed by the testator and both witnesses. If the Will is lost in the post before being signed by the witnesses it will need to be re-signed, causing unnecessary delays. If there is a delay between the testator and the witnesses’ signings, there is a high probability that the testator (especially a vulnerable person) could die before the Will is completed.

It is important to note that although video witnessing is a legal method to validate your Will, it is not the most secure. There is a potential risk of fraud. If a third party posts or delivers the Will, there is a risk they could replace certain pages or the Will in its entirety. The Ministry of Justice (MOJ) have also stressed that the “the use of video technology should remain a last resort, and people must continue to arrange physical witnessing of wills where it is safe to do so.” There are several ways in which Wills can be witnessed, such as witnessing through a window, carpark witnessing or from another room in the property.

Here at Aston Bond, we believe validating any Will is a matter of great importance and for that reason we encourage signing your Wills in person at our offices or via a home visit. It is imperative to confirm that the testator has full mental capacity and is not being coerced or pressured to sign the Will in any way. We would recommend that other options should be explored before relying on video witnessing.

For more information on making valid Wills through using video conferencing, you can check out:

https://www.gov.uk/guidance/guidance-on-making-wills-using-video-conferencing#video-witnessing

If you have any queries, please do not hesitate to contact myself at kkumari@astonbond.co.uk or Rachel Jones at rjones@astonbond.co.uk

We are extremely proud to announce that our very own Jade Gani was the winner of the Young Practitioner of the Year at the STEP awards last night.

 STEP is the global professional association for those advising families across generations.  Jade, and the private client team as a whole, have worked particularly hard during the past few years, especially during the pandemic, and this recognition is very much deserved.

The Judges said: In a very strong field, our winner stood out not only for their considerable professional accomplishments but for their selfless commitment to others through their pro-bono and charitable efforts. They devoted significant time, energy and passion to those less fortunate. During a year when many were challenged, they rose above the fray in several ways, including providing free wills for NHS staff.

The awards have been described by notable practitioners as:-

 “The very best in the private client industry – everyone appreciates that the entries are genuinely and fully scrutinised and independently and rigorously judged – worth winning in other words!” (Ceris Gardner TEP, Maurice Turnor Gardner LLP)

“The Oscars of our industry and the one all of us wish to win. Clients, staff and competitors all look to these awards as a measure of quality.” (Mark McMullen, Stonehage Fleming)

Stephen Puri, Aston Bond CEO commented:

“We are delighted for Jade. She continues to work hard and strive for the very best and this result is testament to her commitment to work and clients alike.”

We are delighted to announce that our Private Client team continue to build on their successes and have been shortlisted for two awards at the British Wills & Probate Awards 2021.

Background

Last year, our Head of Private Client, Jade Gani, won the ‘Young Practitioner of the Year’ Award at the national British Wills & Probate Awards 2020. This award was a crowning moment for our team as Jade secured the win against formidable competition from much larger, highly regarded firms, namely Shoosmiths and Morrisons Solicitors.

Since then, the department has gone from strength to strength. The team won the ‘Best Community Contribution” Award at the Probate Research Awards 2021, which recognised our dedication to the local community as well as our charity work. Ilinca Mardarescu, Director, also won the ‘Unsung Hero’ Award for all the unwavering support she provides to the department and the firm as a whole.

Jade’s national success has even extended globally as she is a finalist for the ‘Young Practitioner of the Year’ at the 2021 STEP Private Client Awards. The winner of this award will be announced via a virtual ceremony on 23 September 2021.

British Wills & Probate Awards 2021

At this year’s prestigious British Wills and Probate Awards 2021, we are excited to announce that Aston Bond have been shortlisted for ‘Probate Provider of the Year (Small Firms)’, alongside fellow shortlisters, Farewill Ltd and Sterling Trust Law Corporation Limited. Only the firms and practitioners who excel in the field will be awarded the winning spot.

The firm’s shortlisting for ‘Probate Provider of the Year’ required us to:-

1. Demonstrate the ability to deliver high standards of service and support to clients;
2. Show that they provide real benefits to clients and strategic partners;
3. Show that they work consistently to improve efficiencies and reduce costs for all parties;
4. Show innovation in developing and bringing to market new service offerings; and
5. Show they adopt the best philosophy to client integration.

In relation to Aston Bond’s nomination for the Probate Provider of the Year, Director Ilinca Mardarescu said:-

“We are so proud of everything that the whole team has achieved.  They are going from strength to strength and we feel that this is testament to their passion for the work they are doing.  They genuinely care about helping our clients in the very best way possible.”

Jade also received several nominations for Today’s Wills and Probate Industry Champion; a new category introduced this year to recognise those who have made contribution to the sector for the better. The wider sector nominated individuals outside of their own organisations and we are proud to say that Jade’s nominations were impressive enough to see her shortlisted with other remarkable members of the industry.

Every nomination had to provide the following:-

1. A demonstration of how they put their client’s interests at the forefront of everything they do;
2. Evidence of how they have excelled at dealing with the transition to a remote working environment; and
3. A demonstration that they have overcome challenges with minimal disruption to the outcome of their work.

When asked about her nomination for the award, Jade replied with the following:-

“I am a little in shock. It was overwhelming to win the Young Practitioner Award last year, but to be recognised amongst the entire industry is something I could only dream of, until now! I have looked up to Michael, Ian and Holly for a long time; seeing my name up there with them makes me feel proud of my journey and even more determined to strive to be the best I can for my team and clients. Each of them are worthy winner in my eyes.”

It is now up to a public vote to decide the winner of this category, which is open until 27^th September 2021. If you would like to vote for your chosen winner, you can do so here:- https://www.britishwillsandprobateawards.co.uk/industry-champion-award/

The winners will be announced at a hybrid event on Thursday 21 October 2021.

We are exceptionally proud to announce that our very own Head of Private Client, Jade Gani, has been shortlisted for ‘Young Practitioner of the Year’ at the global STEP Private Client Awards 2021; awards which are seen as the hallmark of quality within the Private Client industry and which celebrate excellence among the profession.

The awards saw hundreds of entrants from across the world, all of which underwent a rigorous judging process before being narrowed down to the shortlisted finalists. Judges are supported by an independent panel of experts comprising of internationally renowned practitioners in the wealth management arena.

The awards have been described by notable practitioners as:-

 “The very best in the private client industry – everyone appreciates that the entries are genuinely and fully scrutinised and independently and rigorously judged – worth winning in other words!” (Ceris Gardner TEP, Maurice Turnor Gardner LLP)

“The Oscars of our industry and the one all of us wish to win. Clients, staff and competitors all look to these awards as a measure of quality.” (Mark McMullen, Stonehage Fleming)

Whilst Jade specialises in complex Wills, Trusts, Tax, Estate Planning and Court of Protection work and has a fantastic relationship with her colleagues, Clients and 3^rd parties alike, it was her unwavering charitable endeavours that formed the focus of her nomination. Most notably, together with Directors Duncan Thomson and Stephen Puri, Jade successfully launched The Wishing Will Foundation earlier this year, after two years of careful planning, cultivating local relationships and sheer hard work.

The Wishing Will Foundation is a Community Interest Company that prepares expertly drafted Wills in exchange for donations to local hospices and charities that support the most vulnerable members of our community. They are currently partnered with Thames Hospice, Ella’s, Christopher’s Smile and Citizen’s Advice Bracknell & District – with many more local charities registering their interest to become involved too. Jade commented:-

“The Wishing Will Foundation is a cause very close to my heart. It is important to me to support our wider community as much as possible – and the Wishing Will allows me to do that by using my expertise to its full advantage. It should also help us reduce the prevalence of Intestate Estates, meaning more certainty and peace of mind for our loved ones using the scheme. It also helps to spread the word about the amazing work undertaken every day by our partnered charities, who often rely on legacies in Wills to continue to provide their services.”

In respect of the STEP Private Client Award shortlisting, Jade added:-

“I am absolutely blown away to have become a finalist in such prestigious – and global – awards! They are the gold-standard of this line of work and the fact that my efforts to bring our community, local charities and solicitors together in a positive way is being recognised on such renowned stage is beyond my wildest expectations. I feel extremely grateful just to be shortlisted and hope that this will encourage other professionals to become equally involved in charitable community initiatives too.” 

This shortlisting follows on Jade’s win at the British Wills and Probate Awards 2020 for ‘Young Practitioner of the Year 2020’ and the firm’s win at the Probate Research Awards 2021 for ‘Best Community Contribution’. We are proud to say that Jade’s work ethic epitomises Aston Bond’s core values and we couldn’t be more excited to support and celebrate with her on 23 September at the virtual awards ceremony. Please join us in wishing her the very best of luck!

Stephen Puri, Aston Bond CEO commented:

“We are delighted for Jade. She continues to work hard and strive for the very best and this nomination is testament to her commitment to work and clients alike.”

We are delighted to announce that last week Aston Bond was recognised as the winner in not one, but two, categories at the Probate Research Awards 2021.  The awards included the team at Aston Bond taking home the ‘Community Contribution’ award, and also Ilinca Mardarescu, our Director and head of Employment, winning the ‘Unsung Hero’ award, with Rachel Jones, our Trainee Solicitor, also being ‘Highly Commended’ for this award.  

Community Contribution Award

This award recognises an organisation that made a considerable and special contribution to the community.

The team at Aston Bond pride themselves on giving back to the local community wherever possible, from charity walks, events and talks to regularly volunteering to assist young students with their careers, and we are humbled to have been recognised through this award.

In addition to this, the Private Client team at Aston Bond, have been charitably offering free Wills to NHS and Thames Hospice employees in recognition of the exceptional challenges that they have faced during the pandemic.   This award also recognises the efforts of our Head of department, Jade Gani, and the directors of Aston Bond, Duncan Thomson and Stephen Puri, in establishing and launching the Wishing Will Foundation CIC, an organisation with charitable motives where all legal fees are instead donated to associated local charities.

Unsung Hero Award

This award celebrates the people in a firm who may not usually be recognised but play a vital role to the success of the team.

Aston Bond is very proud that its very own, Ilinca Mardarescu, has won this award which is so thoroughly well deserved.  Ilinca undertakes many roles within Aston Bond beyond her specific job title, being events organiser, HR manager, and most importantly, invoking the very core of the team spirit in Aston Bond.  

We are also proud that our Trainee Solicitor, Rachel Jones, was also recognised through this award as ‘Highly Commended’.  Rachel has shown consistent support to the Private Client department, as well as to the firm generally in assisting with the postal system and telephone lines, to ensure the firm continued to operate smoothly despite the challenges that the pandemic brought over the last year.

Aston Bond Law are delighted to announce that our Head of Employment Law, Ilinca Mardarescu, has been newly appointed to the role of Director at the firm. Ilinca makes Aston Bond history by becoming the first female board member since the firm was formed in 2004. She is a formidable expert in her field and integral team member whom we are sure will lead the way into a prosperous and successful New Year. 

Ilinca commented that she is thrilled by the new challenges her appointment will present: “Aston Bond is like a family to me.  Staff take pride in their work and genuinely care about doing their best for their clients. I am proud to call them my colleagues and am eager to contribute to the continuing growth of Aston Bond.”

As a firm, we are excited to continue to grow and develop in different and exciting ways throughout 2021, which wouldn’t be possible without the dedication Ilinca champions within the team. So, we warmly congratulate Ilinca on starting this new role and sincerely look forward to her leadership.

More About Ilinca

Ilinca qualified in 2002 and has specialised in Employment Law since early on in her career. She undertakes work for both employers and employees alike, acting on a broad range of issues such as dismissals, health and safety , discrimination, TUPE and restrictive covenants.

Ilinca has undertaken advocacy at a number of Employment Tribunals throughout the country dealing with various applications, interim and full hearings.   She has brought cases at the High Courts for enforcement of restrictive covenants and has dealt with and obtained injunctions on behalf of her clients.

Ilinca has provided human resources support for various companies including being on-site to deal with disciplinary and grievance matters and assisting human resources in managing sickness and absences. She has also assisted with the Employment Law aspects of various mergers and acquisitions.

If you would like to speak with Ilinca about your Employment Law needs then please do not hesitate to contact her on: 01753 486 012 or email her at imardarescu@astonbond.co.uk