02 May Dying Matters Awareness Week: Why Having A Will Brings Peace Of Mind
MAKING a Will and being open about our wishes relating to our estate and inheritance can help provide comfort to those around us after we’ve passed away.
That’s the view of two of the UK’s leading experts ahead of a major week of awareness aiming to amplify these issues.
Alison Neate, a Partner & Head of Professional Negligence, and Senior Associate & Head of Contentious Probate, Victoria Townsend, at law firm Smith Partnership also said a more proactive approach can help reduce costly disputes.
Their warning comes in the run up to Dying Matters Awareness Week, a week-long campaign that encourages individuals to talk openly about death, dying, and to make plans for what should happen after they’ve gone.
Taking place from May 5th to 11th, it aims to break down taboos and encourage individuals to share resources related to end-of-life care.
Ms Neate said: “We see many legal problems because people fail to prepare for the inevitable, which is why this campaign is so important. Having a Will means peace of mind for the person in question, but also for their family members.”
Ms Townsend added: “A lot of people are fearful about dealing with their affairs, or just don’t like the idea of talking about death in general. Some are also concerned about the costs of preparing a will – but what they aren’t thinking about is the cost of a potential dispute due to the absence of a Will.”
Why a will isn’t just a ‘nice-to-have’
Explaining just some of the legal and emotional risks of not having a will, Ms Neate said: “Ultimately, there are potentially troubling consequences if you don’t have a Will because the deceased’s estate will be dealt with under the Intestacy Rules. The Rules are quite outdated when you apply them to the modern blended family scenario.
“Stepchildren, for example, can be disadvantaged as the intestacy Rules do not provide for them to inherit from an estate. So, not having a will can be extremely upsetting for those left behind.
“Talking about what your wishes are is also important. Many of the disputes we deal with arise because the deceased didn’t properly communicate their wishes during their lifetime, and so it comes as a surprise to family members when the will is finally read after the death.
“Being open and honest about what you intend to do will not always prevent a dispute, but it can certainly help.”
DIY wills – understanding the risks
Exploring the increasingly popular ‘DIY will’ trend, Ms Neate said: “It’s vital that a Will is completed by a regulated organisation. A trend has emerged recently, where people make their own will from Online templates or use will writing services from unregulated providers.
“This means you can potentially create a document which purports to be a Will, but isn’t actually a legally valid Will- rendering the whole task pointless and giving rise to potential disputes after the death.
Upon the death it is also beneficial to seek legal representation. Ms Townsend explains “Professionals will be able to walk the line between being empathetic and understanding post – death, which is naturally a difficult time, whilst also making sure that matters are progressing, because it’s very difficult for people when they’re grieving to take everything in.
“It’s our job to make sure that the winding up of an estate is always going in the right direction.”
It’s not just about the Will itself
There is more to end-of-life care than just making a will, however. Ms Neate said “Having a Lasting Power of Attorney is a practical step that every adult of any age should consider taking , and of course especially the elderly or those who may be seriously ill.
“An LPA is a document which specifies who will stand in the shoes of the person making the LPA (“the Donor”) to make decisions governing their health and welfare or their property and financial affairs in the event of incapacitation.
“Unexpected things can happen, so again, it’s important to have a LPA professionally written and to make sure that it is registered with the probate Registry. If it’s not registered, it cannot take legal effect.”
Ms Townsend added: “If you’re appointing an executor under a Will, then you should tell them that you’ve done that. You should tell them the whereabouts of the will, but also communicate the extent of your assets.
“If you don’t, then they are then in a position when you pass away, that they’ve got no idea what the extent of your estate is, and it just creates more problems for them.
“Ultimately, making a will shouldn’t be an afterthought. Most people want to do right by their family and loved ones, so thinking about it in detail before doing it and seeking advice from a professional should be key considerations.”
