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Making a Will
If you have friends, relatives or charities that you might wish to benefit from your estate, or if you are keen to avoid arguments and disputes amongst your family upon your passing, then these are very good reasons for making a will. Without one, you cannot ensure that your wishes are carried out after your death. Not having a valid will means that your property will be dealt with according to the Laws of Intestacy and may be distributed in a way that is contrary to what you may have wished. You should not assume that your partner will receive all of your estate, as other family members may have rights or claims. If you and your partner are not officially married, then without a will they may receive nothing at all.
As well as distributing your estate, your will can also make provision for the future care of your children. Without clear and valid instructions to nominate guardians, the Court will have the responsibility of deciding how they are looked after, and this may not be in accordance with what you or they would have wanted.
It is also important to review your will at regular intervals to make sure that it is aligned with your present position. You may wish to add or remove beneficiaries, or a change in your marital status might make it necessary to amend your will. It is worth reviewing your will every few years, or after any significant change in your personal situation, to make sure it reflects your current circumstances and wishes.
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Lasting Powers of Attorney
A lasting power of attorney (LPA) is a legal document that lets you appoint one or more people to help you make decisions or make decisions on your behalf. This allows you to prepare for the eventuality of having an illness or accident that leaves you unable to make these decisions for yourself, known as ‘lacking mental capacity’. As long as you are over 18 and have mental capacity when you make your lasting powers of attorney, then you are able to make either or both of the 2 types of LPA:
Health and welfare
Forms and PowerApps for data collection
In the case of property and financial affairs, your appointed attorneys will be able to assist you in making decisions or managing your affairs while you still have capacity, whether that be paying bills or collecting income. In order to be able to make decisions regarding your personal healthcare, the health and welfare power of attorney can only be used when you lack the ability to make these decisions for yourself.