Dying Matters Awareness Week: Legal Planning

This week marks Dying Matters awareness week, a national campaign run by Hospice UK. This year’s theme, “Let’s talk about death and dying”, encourages open conversations and reminds us to prepare for life’s realities.

Associate, Emma Faulkner, sets out some important things you should consider when having these conversations.

Nobody wants to talk about death and dying, but we will all have to at some point in our lives. Whether that’s because we are sorting out our own affairs or because we are dealing with the estate of a loved one.

As part of that conversation, it is important to consider whether you have the necessary legal documents in place to ensure that your wishes are carried out in both life and in death.

Lasting Powers of Attorney (LPAs)

Lasting Powers of Attorney are legal documents which appoint people of your choice (your Attorneys) to manage your health and financial decisions on your behalf. The health document can only be used by your Attorneys if you do not have capacity to make your own decisions. The financial LPA can be used as soon as it is registered by the Office of the Public Guardian even if you have capacity (provided you have given your permission).

You can leave decisions entirely up to your Attorneys to act as they see fit provided it is in your best interests. Or, if you have something particular in mind you can include preferences or instructions in your LPAs to provide your Attorneys with guidance or legally binding directions as to what they should do if you cannot make decisions yourself.

It is best to get LPAs in place as soon as possible so that the people you want to help you have the legal authority to do so straight away.

Will

When you pass away, your LPAs pass with you. This is when your Will shall take effect. A Will is a legal document which sets out your wishes and instructions in relation to your estate and assets after you have died. You can choose who to appoint to manage your estate after your death (known as your Executors), and you can choose who your money will pass to (known as your beneficiaries).

If you pass away without a valid Will, it can add further stress onto loved ones who are already going through a difficult time. A valid Will gives you peace of mind that your loved ones will know what to do when you are gone because you have set it out for them as best you can.

Probate & Estate Administration

Your Executors will most likely need a Grant of Probate in order to administer your estate. This will give them the legal authority to collect in your assets, pay your liabilities, and distribute monies to your beneficiaries. Acting as an Executor is a big reasonability and there is a lot to do, so it can be a very difficult thing to navigate alone, especially when you are grieving.

How can Holmes & Hills help?

At Holmes & Hills, our Private Client team have conversations about death and dying every day. Whether we are helping people deal with their own affairs or the affairs of a loved one. This means we know how to approach the subject with empathy, patience and understanding. If you are ready to have the conversation, reach out to us today to see how we can help.