The
COVID-19 is underlining the absolute importance of having an
up-to-date, valid will, according to Cayman attorney Anthony
Partridge.

He
wants Cayman residents, or individuals needing to put in place Cayman
Islands wills, to know that despite current restrictions, it is
possible to make or update a will by getting advice from, and
instructing, your attorney by video call, telephone or e-mail.

Anthony,
who is head of Ogier's Private Wealth team in the Cayman Islands,
said: "During a time like this, the signing and witnessing of
wills does prove challenging. Electronic wills are widely used in
other parts of the world, but the Cayman Islands does not yet
recognise their validity.

“Some
countries have temporarily relaxed laws on strict witnessing
requirements to allow remote witnessing by video conference, but we
are yet to see these legislative changes in Cayman. However, people
making a will, and their witnesses, can for example arrange to sign
through a window and maintain social distancing." 

Meanwhile,
he added that the current scenario has sharpened the focus of the
importance of making a will: "If COVID-19 has taught us
anything, it's that life can be completely unpredictable. It is not
possible to know what is around the corner and we are living through
significant uncertainty and change to which we are all having to
swiftly adapt."

“Living
through a pandemic has brought matters of life and death to the fore
for many of us, who are likely to be spending more time with those we
live with, or be communicating on a more regular basis with those
that we don’t. It's an opportunity to have conversations that would
usually be considered difficult, and discuss topics relating to
estate planning”, said Anthony.

Those
questions could include:

• Who
  do you want to appoint as your executor and would they be willing to
  act
  
• Are
  you making any gifts to anyone or to charities
  
  
• Who
  will be the guardian of your minor children
  
• What
  are your wishes in the event that you lose capacity with respect to
  your treatment and care
  
• Do
  you have any particular funeral wishes
  
  

"Having
these kinds of conversations now can alleviate uncertainty and family
disparities in the future. If your family are aware of your wishes
and the reasons behind them then there will be no surprises to them
in due course which can help during a difficult time."

About
Ogier

Ogier provides advice on the
British Virgin Islands, the Cayman Islands, Guernsey, Jersey and
Luxembourg law through our network of offices that also includes Hong
Kong, Shanghai and Tokyo. We are the only law firm to advise on these
five laws.

We get straight to
the point, managing complexity to get to the essentials. It is a
collaborative approach. We listen actively, asking the right
questions, focused on what really matters. We deliver targeted,
pragmatic advice with absolute clarity.

We regularly win awards for the
quality of our client service, our work and our people.

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