Securing Your Future: The Importance of Wills and Lasting Power of Attorney

By Noel Lee

Wills & Probate

I do not have any kids, do I still need a Will? The short answer is YES. Here's why... 

One of my clients recently asked me this exact question. She felt that, given she does not have a partner, children, or any other dependents, there would be no point to writing a Will. There's no one she could really envision benefiting from money she would leave behind, so what is the point? 

Let's start with this: What happens if you do not have a Will?

When someone dies without a Will, they are said to have died "intestate". This is a very short word which, informally, means 'lots of headache' for those left behind. Even if there is an appropriate person, such as a close relative or spouse, who would have the legal right to deal with the estate, it is not a smooth process. 

That person would have to apply to the Probate Registry for something called a "Grant of Letters of Administration". This currently takes about 3-5 weeks - with an ageing population this is unlikely to get any faster. From there, the laws decide who inherits the estate. These laws dictate the order and shares that various family members (ranging from spouse/civil partner, if applicable, to siblings, aunts, grandparents etc.) inherit. If there is no one to inherit the estate, it will go to the Crown.

What does this mean for you?

The point of this is that if you do not make a choice, by writing a Will, the choice will be made for you. Got a sibling you absolutely do not get along with? Write a Will to ensure they do not get a share. Got no relatives and do not want your estate to go to the Crown? Write a Will and specify a charity close to your heart, or your friendly neighbour who helped you move in and occasionally takes in your packages 

Lasting Power of Attorney

So, you have read my previous article and got yourself a Will - well done, but you are not done yet.

What do you think would happen if you were suddenly unable to manage your finances or make important decisions about your life? Not dead, but not exactly healthy. This is where a Lasting Power of Attorney ("LPA") comes in.

Let's first make a distinction between two types of LPA: health & welfare, and property financial affairs.

These are fairly self-explanatory - the former covers decisions such as consent to medical intervention, and the latter covers decisions such as selling your primary residence. If you don't have an LPA in place, someone who might wish to act on your behalf can apply to the Court of Protection and be appointed as your 'deputy'. Whilst the Court of Protection won't give this position out willy-nilly, if you have got a malicious nephew who's got his eyes on inheritance (and has not mitigated that via a Will), now is the time to appoint someone of your choosing.

When you appoint someone via an LPA, that person is known as the 'attorney' and you can, indeed it's advised to, speak with that individual in advance to communicate your wishes if certain circumstances were to transpire.

Who can be your attorney? Anyone over the age of 18 with mental capacity. It might be your spouse/civil partner, a close friend, or even your solicitor.

Need more guidance? I've been practising as a solicitor for over 25 years and have helped my clients write countless LPAs in that time and dealt with all sorts of Wills & Probate issues. You are welcome to email me with any questions you may have at noellee@noellee-solicitors.co.uk.

About Noel Lee

Noel Lee is a freelance solicitor registered with the Solicitors Regulation Authority (“SRA”) to provide non-reserved and reserved legal services, as defined by the Legal Services Act 2007. She has over 25 years post qualification experience in many areas of law with specialisms in business and contract law, company, corporate and commercial law, employment and immigration, family law and wills and probate.

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