Where there's a will there's way for Glanmire solicitors
A solicitors’ practice has come up with an online way for people to make a will and is calling on the government to make it easier for other legal transactions to be carried out in the same fashion.
O’Dowd Solicitors, based in Glanmire, Co Cork, created the online system because it was proving difficult to hold consultations with clients due to the Covid-19 lockdown.
Mícheál O’Dowd, who is in charge of the business, said making a will would normally involve two face-to-face meetings with clients to discuss their situation and requirements - the first to take instructions and the second to witness the will and complete the job.
“Over the past few weeks we tried substituting these meetings by taking instructions over the phone and via other communications methods, but we found they were ineffective," he explained.
The online service allows us to collect enough information at the outset that we can have a short productive consultation over the phone and get the will prepared. It is quick, effective and the feedback from clients so far has been great.
However, there are still issues to overcome.
While instructions can be taken for making a will online, the actual execution of the document must be done on paper. For a will to be valid it has to be signed by the person making it and also by two independent witnesses.
Typically this is done in front of a solicitor and another person in the one room.
“In some cases, we have had to go out and socially space while for instance this is done on the bonnet of a car," Mr O’’Dowd said.
"The other alternative is to post out the will and two independent witnesses, who are not beneficiaries in the will, can sign with the testator (the person making the will) online and we then follow up to ensure the bona fides of this."
He said the online service at www.odowd.ie comes with a full set of instructions on how to use it and the dos and don’ts on making a will.
He said the Electronic Commerce Act 2000 needs to be widened so that more legal transactions can be signed-off online. At present, the signing of certain legal documents, including wills, is expressly excluded from the framework governing electronic signatures.
“While the technology was not there 20 years ago, it is now, particularly due to the work of the Revenue Commissioners,” Mr O’Dowd said.
