Writing a Will

Are you putting off writing a will?

You’re not alone. Fewer than 4 out of 10 UK adults have written a will, saying it’s too complicated, too expensive, unnecessary, it’s not a priority at the moment or I don’t want to think about my own death at present. But without a will, you forfeit control of your wishes in the event of your death. This could mean your loved ones or intended
beneficiaries receive nothing.

Why should you make a will?

According to the UK Law of Intestacy* it will be the state that decides who benefits from your estate if you die without having a valid will. Is that what you want to happen - or would you prefer that your own wishes are protected and respected? Here’s why having a valid will is important to everyone - If you are single you may want to have your estate divided among friends, relatives or charities of your choosing and in the proportions you decide. If you are married or in a civil partnership you can’t assume your other half will get everything as brothers, sisters or parents may have a claim and, if you have children, they too may have a right to part of your estate. If you are living with a partner but not married or in a civil partnership you could be treated as a single person so the surviving partner receives nothing. If you are retired you may have made a will some time ago that needs to be updated to take account of changing regulations or to add or remove beneficiaries. If you are a parent you should consider who you’d like to care for your children by appointing a guardian. This is particularly important for single parent families or unmarried parents living together. Without an

appointed guardian, the Court will decide on the future care of your children.

If you are entering a second marriage or civil partnership and have children from a previous relationship, it’s essential you make a will protecting the children’s inheritance to avoid your new partner receiving all or most of your estate with the children receiving nothing. You can do this by creating a Trust in your will to protect your share of the overall estate so it passes to the children. And if you want to provide a legacy for the charities you support, this too can be included in your will.

How can we help?

Our experienced estate planners provide expert advice, ensuring the process of writing a will to incorporate your wishes and instructions is uncomplicated. We can do this by telephone, video call or a visit to your home during the day, in the evening or at the weekend - whichever is most convenient. Just call us on 01273 569 143 or email eandgwills.co.uk

Lasting Power of Attorney

What is Lasting Power of Attorney (LPA)?

This is a document confirming that you have appointed another individual (or individuals) to manage your affairs should you become incapable of doing so as a result of illness, accident or age. The appointed individual(s) might be someone you trust, such as a family member, or you may appoint a professional.

When should I appoint an attorney?

The law states that you can only appoint an attorney while you have the mental capacity to do so.

The Health & Welfare LPA gives the appointed attorney(s) the power to make decisions on your behalf about e.g. medical care, life sustaining treatment or moving into a care home.

Unfortunately, many people leave it too late and their loved ones must then apply to the Court for a Deputyship Order granting them permission to manage your affairs. This can be a time consuming, stressful and potentially costly undertaking at an already emotionally difficult time. Bank accounts and other jointly held assets could become subject to restrictions. This is why we advise our clients to consider putting Lasting Powers of Attorney (LPA) in place when they reach retirement if not sooner. If you do lose capacity and don’t have LPA in place, you won’t be able to choose who makes decisions for you and the Court could appoint someone you would never have considered yourself.

Are there different types of Lasting Power of Attorney?

Yes, there are two types -
The Property & Financial Affairs LPA gives the appointed attorney(s) the power to make decisions on your behalf about e.g. managing your bank accounts, paying your bills, collecting a pension or selling your home.
The Health & Welfare LPA gives the appointed attorney(s) the power to make decisions on your behalf about e.g. medical care, life sustaining treatment or moving into a care home.

How can we help?

Our experienced professionals will give you all the help and advice you need to arrange your chosen LPA(s).

Just call us on 020 8396 0486 or email us at cds@eandgfs.com.