For more information on the
responsibilities of Trustees then
read this article: https://www.
willwriters.com/blog/trustees/ invited etc.
Planning your funeral A Lasting Power of Attorney
is a document that after being
successfully registered with the
Office of the Public Guardian,
allows you to appoint people to
make decisions for you in the
event that you can no longer
make decisions for yourself.
There are two different types of
LPA’s. These are one governing
health and welfare and the
other dealing with property and
financial affairs.
The British, known for their stiff
upper lip rarely like to talk about
death. It’s the same in some
Asian communities. As a result
it can sometimes be difficult for
the family of the deceased to
know how to arrange the funeral.
Poor communication has also
lead to funerals being paid for
twice. We’ve heard stories where
a testator has taken out a pre-
paid funeral plan but the family
were not aware. As a result, when
the time came, they arranged
the funeral and the estate has
essentially paid twice for a funeral.
It would be our advice that if you
have taken out a pre-paid plan
that this information be included
within the Will (with the pre-
paid plan number). You can also
include additional information in
your letter of wishes as to how
you would like your funeral to be
arranged, what music you would
like, who you would like to be
Do you need a Lasting
Power of Attorney (LPA)?
It is possible to complete the
paperwork for a Lasting Power
of Attorney and not register it
straight away. The paperwork
needs to be signed by the donor
(the person who the LPA is for)
whilst they still have the capacity.
It can then be registered when it
is needed.
If you have a history of dementia
in your family, then it is sensible to
have these documents in place.
If you cannot think of anyone
you would trust or would like
to be your attorney(s) then you
have the same option as you do
with trustees – you can appoint
a professional. They are likely to
charge for their time so investigate
the costs before deciding.
What happens if you die
without a Will?
Dying without a Will is also known
as dying intestate. If this were to
happen then your estate would
be distributed in accordance with
a pre-defined set of rules. For
more information on what would
happen if you died without a Will
then this article written by College
of Will Writing tutor and technical
advisor for the SWW, Siobhan
Rattigan, explains all you need
to know: https://www.willwriters.
com/blog/dying-without-will/
What can you put in your
Will?
There is a principle under English
and Welsh law that you have
testamentary
freedom.
The
freedom of individuals to dispose
of their property upon death as
they see fit. This principle has
been tested in the courts where
people have excluded ‘close’
family members or people who
may have a reason to make a claim
on the grounds of reasonable
provision.
Aside from this you can gift
anything you own in your Will.
Is your Will valid?
A Will is made valid by the signing
and witnessing process known