Focus SWW Autumn 2018 | Page 18

For more information on the responsibilities of Trustees then read this article: https://www. willwriters.com/blog/trustees/ invited etc. Planning your funeral A Lasting Power of Attorney is a document that after being successfully registered with the Office of the Public Guardian, allows you to appoint people to make decisions for you in the event that you can no longer make decisions for yourself. There are two different types of LPA’s. These are one governing health and welfare and the other dealing with property and financial affairs. The British, known for their stiff upper lip rarely like to talk about death. It’s the same in some Asian communities. As a result it can sometimes be difficult for the family of the deceased to know how to arrange the funeral. Poor communication has also lead to funerals being paid for twice. We’ve heard stories where a testator has taken out a pre- paid funeral plan but the family were not aware. As a result, when the time came, they arranged the funeral and the estate has essentially paid twice for a funeral. It would be our advice that if you have taken out a pre-paid plan that this information be included within the Will (with the pre- paid plan number). You can also include additional information in your letter of wishes as to how you would like your funeral to be arranged, what music you would like, who you would like to be Do you need a Lasting Power of Attorney (LPA)? It is possible to complete the paperwork for a Lasting Power of Attorney and not register it straight away. The paperwork needs to be signed by the donor (the person who the LPA is for) whilst they still have the capacity. It can then be registered when it is needed. If you have a history of dementia in your family, then it is sensible to have these documents in place. If you cannot think of anyone you would trust or would like to be your attorney(s) then you have the same option as you do with trustees – you can appoint a professional. They are likely to charge for their time so investigate the costs before deciding. What happens if you die without a Will? Dying without a Will is also known as dying intestate. If this were to happen then your estate would be distributed in accordance with a pre-defined set of rules. For more information on what would happen if you died without a Will then this article written by College of Will Writing tutor and technical advisor for the SWW, Siobhan Rattigan, explains all you need to know: https://www.willwriters. com/blog/dying-without-will/ What can you put in your Will? There is a principle under English and Welsh law that you have testamentary freedom. The freedom of individuals to dispose of their property upon death as they see fit. This principle has been tested in the courts where people have excluded ‘close’ family members or people who may have a reason to make a claim on the grounds of reasonable provision. Aside from this you can gift anything you own in your Will. Is your Will valid? A Will is made valid by the signing and witnessing process known