Wills

[Migimigo]

Hi!! I'm looking into getting a will, has any one got any advice? I've heard conflicting information about basic packages some companies and charities offer. And would I need to include lasting powers of attorney? It's all so confusing and I want to make sure my children and family aren't left with any difficult decisions to make or with a bad financial situation to contend with. Are funeral wishes included in a will or is that seperate with a funeral plan? TIA

What is the conflicting information you've heard? Making a will is a very common legal task so personally I would just use a firm of local solicitors (whichever quotes me the cheapest), or an online service would be fine so long as they are properly accredited with the law society.

All your questions would be best discussed with the solicitor who can go through your personal circumstances in detail but in brief (bear in mind I am not a solicitor myself and you should never take legal advice from randoms n the internet!): lasting power of attorney is separate to a will, a will is about what happens after you die, LPA is about what happens if you lose capacity to manage your affairs both financial and personal/healthcare related while you are still alive. The most common reason for losing capacity would be dementia but less commonly adults can lose capacity through accident or illness. I would say most people under the age of 60 or so don't have an LPA but if you want to be as complete as possible it's something to consider as obviously once you lose capacity it's too late to do anything about it. This article explains all about it.

Funeral wishes are usually put in a separate letter/statement attached to your will, alongside wishes about any items/possessions of sentimental value and who you want to have them. It's great to think about all this and set it down clearly to avoid any family disputes which can really tear families apart after a bereavement especially a sudden one.

I would say however the most important thing to go through with your will writer is arrangements for guardianship of your children if they are minors, particularly in the event you and their other parent both died e.g. in a car crash, and how you want them to be financially supported during their childhood and arrangements for that e.g. trust funds. Also if you have a spouse/partner and own property together, how you want to sort ownership of that, i.e. whether you want to leave them the house and any other assets absolutely as theirs to do what they want with, meaning if they remarried they might choose to leave everything to new spouse, and/or they might choose to leave everything to the donkey sanctuary instead of to your children, or whether you want to do life interests/trusts. There are pros and cons to either option which you should explore with your will writer and also with your DH/DP so it is all clear and above board!