By Charlotte Parsons, Senior Associate, Private Client Services, and an Accredited Lifetime Lawyer.
As the new year approaches, many of us focus on health and well-being goals. In my experience, it is also an ideal time to review the legal documents that protect you, your family and your future plans. A simple legal health check confirms that your arrangements still reflect your wishes and your current circumstances. Being proactive also makes it far easier for those close to you to understand your intentions, should they ever need to step in.
Why Conduct a Legal Review Now?
Life rarely stands still. Relationships change, families grow, assets evolve and personal priorities shift. Your legal documentation should keep pace with these transitions. For most individuals, a legal health check involves reviewing a small set of key documents to identify gaps and implement necessary updates. This is as essential as regularly reviewing your investment portfolio.
1. Your Will: is it up to date and still fit for purpose?
A valid, up-to-date Will remains the cornerstone of good estate planning. It ensures:
- Asset Distribution: Your estate passes in accordance with your wishes rather than the Rules of Intestacy.
- Executorship: Appropriate individuals are appointed to manage your affairs.
- Clarity: Practical considerations and potential areas of uncertainty are addressed.
Research from the Association of Lifetime Lawyers indicates that over half of UK adults aged 30+ either do not have a Will or possess one that is outdated.
The Five-Year Rule: It is prudent to review your Will every five years or sooner if you experience a significant life event such as marriage, civil partnership, divorce, the arrival of a child, bereavement, or other major personal changes.
A Key Point for Parents: Guardianship: A Will is the primary document in which parents specify guardianship arrangements for minor children. Without clear appointments, these critical decisions may be left to the court, which may not align with your preferences.
2. Lasting Powers of Attorney: Planning for the “What If”
A Lasting Power of Attorney (LPA) enables you to choose trusted individuals to make decisions on your behalf should you lose mental capacity. There are two distinct types:
- Property and Financial Affairs LPA: For managing finances, pensions and property.
- Health and Welfare LPA: For decisions regarding care, medical treatment and living arrangements.
Establishing LPAs early is vital. If capacity has been lost and no LPA exists, families often face the complex and time-consuming process of applying to the Court of Protection for a Deputyship order.
3. Practical Planning: The Emergency Information Pack
Alongside formal legal documents, it is wise to prepare a secure emergency document or "Life Book” setting out:
- key professional and personal contacts.
- The physical location of original deeds and documents.
- Essential digital information (e.g. access arrangements for key accounts).
4. Recording Funeral Wishes
Separately documenting your funeral wishes can ease the emotional burden on loved ones and provide clarity during a period when decision-making can feel overwhelming.
How to Choose a Trusted Company to Assist with your Lasting Powers of Attorney
We recommend that you appoint a professional to assist you in preparing and registering your Lasting Powers of Attorney. When doing so, it is worthwhile considering the following criteria:
- Prioritise Regulated Providers: Always choose a firm regulated by the Solicitors Regulation Authority (SRA) or a similar professional body. This ensures the provider adheres to strict ethical standards, maintains professional indemnity insurance and offers a clear and formal complaints process.
- Specialist Expertise: Look for practitioners with specific late-life expertise. An Accredited Lifetime Lawyer is uniquely qualified to advise on capacity-related matters and the practical safeguards required to prevent future disputes or challenges.
- Comprehensive Service Scope: Confirm that the service includes drafting, identity compliance checks and the formal submission to the Office of the Public Guardian (OPG). A high-quality provider will also handle any OPG requisitions (queries) and provide certified copies for your records.
- Fee Transparency: Insist on a written fee breakdown. Ensure you understand whether the OPG registration fee (currently a separate disbursement) is included and if there are additional costs for storage or future advice.
- Consider Support After Registration: Check what ongoing help is available once the LPA is registered. For example, additional certified copies, storage options and advice if your circumstances change.
How We Can Help
At Blanchards Bailey, our specialist Wills and Estate Planning team is experienced in later-life arrangements, aiming to provide clear and practical advice to our clients. If you require any assistance or wish to book a consultation regarding LPA or Will review, please contact Charlotte Parsons:
Telephone: 01258 444813
Email: charlotte.parsons@blanchardsbailey.co.uk
Location: Blandford, Weymouth
You can also visit the Wills and Estate Planning page on our website for more information.
So, how can we help?
Whatever your requirements, our team is standing by.
Call us today on
01258 459361