It is increasingly important to write a Will and to ensure that you have Lasting Powers of Attorney in place.
With Dementia and other illnesses of the brain increasing, it is vital that you put your affairs in order whilst you still have the mental capacity to do so. Whilst you may not succumb to such illnesses, nobody knows what the future brings, it is better to be prepared than to be caught out.
To ensure your affairs are left in the hands of someone you trust, it is imperative that you appoint trusted Executors in your Will and trusted Attorneys in your LPA whilst you still have capacity.
But where do your Attorneys stand when it comes to your Will?
Legally, your Attorney does not have to know what is in your Will, however, it is important that your Attorney is aware of your Will and your wishes surrounding it although they are not allowed to influence your Will or coerce you.
Whilst your Attorney must remain impartial, you may wish to discuss your Will with them to ensure no beneficiary loses out.
Will Access
Your Attorney does not automatically have the right of access to your Will and upon your death your Attorney’s powers cease.
Your Will remains confidential, even after your death, it is your Executors who now have an obligation to maintain your privacy. This privacy remains until after Probate has been granted when your Will becomes accessible to the public.
What If I’m Already Incapacitated?
If you are already lacking mental capacity, someone will need to obtain the legal permission to act for you. In such cases an application to the Court of Protection for someone to become your Deputy is necessary.
Should you lack mental capacity and do not have a Will in place, it is possible to have a Statutory Will which is a Court appointed Will. Prior to this timely and costly procedure, LCS would urge everyone to contact us whilst they are still fit and able. How much better to prepare and have the choices yourself rather than leave to chance and have someone else decide for you.
Although it is difficult thinking about dementia and death, it’s important for the people you leave behind to know that everything is organised to avoid conflicts and potential avoidable losses in inheritance.
It’s also important for you to understand your rights.
For more information regarding LPAs and Wills, contact LCS NOW on 0345 017 8250 and start 2018 with peace of mind, not just for you, but your family too.
