DON’T KEEP PUTTING IT OFF!

IT might surprise you how often it is that a person passes away without having made any arrangements for how their affairs are dealt with after they are gone. This is called ‘dying intestate’ and it can, although not always, cause a great deal of trouble for those left behind. Sometimes this leads to unintended and unwanted results, such as tax bills that could have been avoided.

It is understandable that we find it difficult to think about anything that touches upon our death – it’s as if dealing with the topic will only bring it forward! We put it off hoping it will go away. Famously, it is quoted, that there are only two certainties in life… death and taxes. These events do not have to come together.

Why should I make a Will? Making a Will, and the advice that you receive around it, will ensure that those dearest to you will get the maximum benefits. It also gives you the opportunity to appoint your own executor who you know and trust to deal with your affairs and make sure everything gets dealt with according to your wishes.

Recently, as a solicitor, I have received more enquiries than usual from people who are eager to discuss their Will. Perhaps people who are normally busy with everyday life, now with COVID-19 restrictions, have more time to think of the bigger picture concerning their future – prompting them to action.

During COVID -19 solicitors are permitted to continue attending to our necessary legal work. Most offices are therefore in a position to deal with enquiries relating to Will matters. The message therefore is not to put off discussing your Will as a result of the COVID situation.

How does COVID -19 impact? During the lockdown period, we have been given helpful guidelines from the Law Society regarding how to safely prepare and sign a Will. These vary depending on the location - whether that be in the solicitor’s office or in another place according to the clients’ needs. (Note… the making of a Will in a hospital/Nursing/Rest/Care home at present requires to be looked into carefully in each individual case and the restrictions relating to access to these settings require to be carefully considered).

I want to make my Will where do I begin?

The process of making a Will usually begins with a phone call or email to a solicitor who will advise and assist with the necessary arrangements. In most cases, during the COVID- 19 lockdown period, I have found that all of the preparation can be done by phone or email and the only time that a person-to-person meeting has been required was for the actual signing of the completed Will. (Note that in some cases, the preparatory work may include the taking of specialist tax advice from an accountant or may require your GP to confirm your medical fitness to make a Will. Again, your Solicitor will advise you if these steps are necessary and how they may be made available).

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Enduring Powers of Attorney Though very different from a Will, this is something that many people are now requesting. A Will operates to deal with a person’s assets and property after they have died. An Enduring Power of Attorney, however, operates to deal with your affairs during your lifetime, in the event that you lose the ability to deal with matters yourself – for example, if you become sick. By making an Enduring Power of Attorney, you legally appoint a person or persons that you trust, to make your decisions for you should you become incapacitated at a later stage of your life. Since many of us live longer with serious illnesses, including dementia, the need for making these arrangements has become more important. For example, arrangements regarding care choices, fair deal scheme etc. The process of putting an Enduring Power of Attorney is more complex than making a Will, but it is something that a solicitor can help you with.

Because of Covid-19 solicitor’s offices are operating a behindclosed-door policy, therefore, the first contact to a solicitor should be made by phone or e-mail.