Our Practice Advice Service explains how to bind wills that are signed by clients at home.

When clients are signing wills at home, is there any guidance on the stapling of signed wills, or is there another preferred method of binding wills?

During the coronavirus pandemic more wills are being executed at home. Where clients are printing their own wills, supply guidance notes to ensure where possible that the will is bound before signing so that any inadvertent errors of execution (such as not having all the pages in the room) are averted. Stapling is the binding method most likely to be available at home. The guidance could include the following:

  • Securely bind all the pages of the will together before signing so it cannot easily be taken apart. For example, three staples down the left-hand side.
  • Do not attach any other pages to the will.

The Non-Contentious Probate Rules 1987 Rule 6 allows registrars to make whatever enquiries they see fit before issuing the grant. Rule 12 allows registrars to require an affidavit of due execution. Registrars may see staple marks, folds and blemishes on the will, which can lead to such enquiries.

To reduce the likelihood of such concerns, if practicable, you can send formally bound engrossments, for which a simple staple with a branded corner may suffice. If teams are working from home, is it possible for will drafters to be provided with equipment to print and formally bind wills for postage to clients with clear instructions for signing?

Disclaimer

While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such.

The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.

This article is compiled by the Law Society’s Practice Advice Service. Comments relating to the questions should be sent to practiceadvice@lawsociety.org.uk