How can I tell if the correct procedure was followed when the Will was executed?

From 8 June 2020, people entering the UK from overseas (excluding those entering from Ireland, the Channel Islands or the Isle of Man) must comply with a mandatory 14 day quarantine period. However, for those travelling to England, a number of country specific exemptions have been introduced.

A full list of the countries excluded from the quarantine provisions can be found on the gov.uk website which change on a regular basis, often on short notice.

Where a quarantine period does apply, a person will not be able to leave the place they are staying in for 14 days, except in some very limited circumstances.

These rules will apply to both British and foreign nationals, however there are some further exemptions to this rule where a person is coming to the UK to undertake a certain role (such as a healthcare professional coming to the UK to provide essential healthcare). A full list of the narrow exemptions can be found on the gov.uk website.

Before travelling, individuals will be asked to provide their contact details and information about their journey and the accommodation that they will be self-isolating in. To do this, individuals will need to fill in an online form on the gov.uk website. Individuals who refuse to fill in this form may be fined £100 and/or denied entry at the UK border should they not be a British citizen or UK resident.

The information provided in the form will ensure that the Government can check that an individual is self-isolating at the address given. Where an individual refuses to self-isolate they can be fined £1,000 if they are staying in England or Wales.

Once visa application centres re-open overseas and UK visa applications are processed, this 14 day period will need to be taken into consideration and may require employment start dates in the UK to be delayed.

The Coronavirus Statutory Sick Pay Rebate Scheme will repay employers the SSP paid to current or former employees and will be available from 26 May 2020. See here.

The scheme covers all types of employment contracts and employers will be eligible to claim if they:

• Are claiming for an employee who is eligible for sick pay due to coronavirus
• Had a payroll scheme that was created and started on or before 28 February 2020
• Had fewer than 250 employees on 28 February 2020

The repayment will cover up to 2 weeks starting from the first qualifying day of sickness, if an employee is unable to work because they either:

• have coronavirus (COVID-19) symptoms
• cannot work because they are self-isolating because someone they live with has symptoms
• are shielding and have a letter from the NHS or a GP telling them to stay at home for at least 12 weeks
• have been notified by the NHS or public health bodies that they’ve come into contact with someone with coronavirus
• they have been notified by the NHS to self-isolate before surgery

You can claim for periods of sickness starting on or after:

• 13 March 2020 – if your employee had coronavirus or the symptoms or is self-isolating because someone they live with has symptoms; or
• 16 April 2020 – if your employee was shielding because of coronavirus.
• 28 May 2020 – if your employee has been notified by the NHS or public health bodies that they’ve come into contact with someone with coronavirus
• 26 August 2020 – if your employee has been notified by the NHS to self-isolate before surgery

Employees do not have to give you a doctor’s fit note for you to make a claim. But you can ask them to give you either:

• an isolation note from NHS 111 – if they are self-isolating and cannot work because of coronavirus
• the NHS or GP letter telling them to stay at home for at least 12 weeks because they’re at high risk of severe illness from coronavirus
• the evidence from the NHS or public health body requiring them to self-isolate

You must keep the following records in relation to a claim you make under the scheme for three years:

• The reason for the employee’s absence
• Details of each period the employee could not work, including start and end dates
• Details of the SSP qualifying days when the employee could not work
• National insurance numbers for each employee you have paid SSP to

You’ll need to print or save your state aid declaration (from your claim summary) and keep this until 31 December 2024.

You may be concerned that a family member or friend did not understand what they were doing when they made their Will. The legal test for whether or not a testator had sufficient mental capacity to make a Will requires that:

• They understand the nature of the act of making a Will and its effect – in other words, that he or she understands that they are setting out how they wish for their estate to be distributed upon their death;
• The size of their estate;
• The individuals in respect of which they are morally bound to provide for and any consequences of not providing for these individuals; and
• That they are not suffering from any disorder of the mind which may effectively poison their feelings toward people who may otherwise expect to benefit from the estate.

The process of analysing whether or not a testator did lack the mental capacity to make a Will involves consideration of the evidence of the solicitor or Will maker involved in the preparation of the Will, the testator’s medical records and the witness evidence of other people who were involved in the testator’s life.

The Charity commission has issued the following guidance

https://www.gov.uk/guidance/coronavirus-covid-19-guidance-for-the-charity-sector

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