A Line of Sight? The Perils of an Invalid Will

Lessons from Coady v Coady

Writing a Will is one of the most important things you’ll ever do. It allows you to decide who inherits your property, making sure your final wishes are followed. But simply signing a piece of paper isn’t enough. A Will must strictly follow legal rules. These rules, known as the formalities of execution, are described in Section 9 of the Wills Act 1837.

A recent High Court case, Peter Coady v Gerard Coady, provides a strong and timely reminder. It demonstrates how carefully courts enforce these rules—and the financial and emotional chaos that can occur when they are overlooked.

The Cornerstone of a Valid Will

In England and Wales, a Will must satisfy four statutory requirements to be valid:

1. In Writing and Signed: The testator (the person making the Will) must sign it, or instruct someone else to sign it for them in their presence.

2. Intention: The testator must sign with the intention of making the Will effective.

3. Presence of Witnesses: The testator must sign or acknowledge their signature in the simultaneous presence of two or more witnesses.

4. Witnesses Attest and Sign: Each witness must then attest and sign the Will in the presence of the testator. (They do not need to be in the presence of each other).

The most crucial, and often misunderstood, element is ‘presence’. Historically, this means the signing must occur within the testator’s clear line of sight.

The Background: Coady v Coady (2025)

This case concerned Kathleen Bernadette Coady’s Will, which she made in April 2020 during the first national COVID-19 lockdown.

The 2020 Will appointed her son Gerard as the sole executor and primary beneficiary. This replaced an earlier Will, made in 2017 that had favoured another son, Peter.

Because of social distancing measures, the execution of the 2020 Will took place under unusual circumstances. Mrs. Coady, the deceased, sat just inside her open back door, while the two witnesses, neighbours David and Edna Meeson, stood outside in the garden, approximately nine to twelve feet away.

After her death, Peter challenged the Will, claiming that the Will was not properly signed and witnessed, and that his mother lacked testamentary capacity. However, the case ultimately centred on the failure to comply with the strict formalities of execution under Section 9. 

The Key Finding: No Line of Sight

The court heard conflicting accounts of the signing ceremony.

The witnesses, the Meesons, stated the process felt “hurried.” Crucially, they testified that Mrs Coady did not sign or acknowledge her signature while both of them were present at the same time. Furthermore, when they signed the document, she could not see them. They described the deceased as “frail and silent, ‘like a zombie’.”

However, Gerard’s account differed. He asserted that the solicitor’s instructions were followed exactly, the Will was read aloud to Kathleen Coady, and the witnesses observed Kathleen’s signature. She also greeted and thanked both witnesses. The court, however, regarded this evidence as suspicious and untrustworthy.

While Judge Phillips acknowledged that the temporary legislation extension permitting Wills to be executed via video conference during the pandemic (the Electronic Communications Amendment Coronavirus Order 2020), he emphasised that the requirements for simultaneous presence and acknowledgement still applied. The court found that Mrs Coady neither signed nor acknowledged her signature in the presence of two witnesses at the same time. Nor did the witnesses sign in her presence.

The court therefore declared the 2020 Will invalid.

What This Means for Your Will

Coady v Coady emphasises three essential points for anyone making or reviewing a Will in the UK.

1. The Law Demands Strict Compliance: Will formalities are strict. Courts will not relax these rules, even for understandable difficulties like those faced during the pandemic. The decision emphasises that simultaneous presence and line of sight are sacrosanct. The Will was signed in a way that created “reasonable doubt” over whether Mrs Coady and her witnesses could see each other signing.

2. Witness Credibility is Key: In this case, the court regarded the independent evidence of the two neighbours as more credible than the account of the beneficiary son (Gerard). If independent witnesses testify that the statutory requirements were not met, a Will can still be invalidated.

3. Review Any ‘Pandemic Wills’: The legislation that temporarily extended the rules to allow remote witnessing via video-conferencing during the pandemic ended in January 2024. However, you should immediately review any Wills executed under unusual, socially distanced circumstances like those in the Coady case. A legal professional can ensure they meet the formal validity requirements.

The Consequence of an Invalid Will

When a Will is successfully challenged, one of two outcomes occurs: 

1. The previous valid Will takes effect: This happened in the Coady case, where the 2017 Will was upheld, completely changing the distribution of the estate.

2. The Rules of Intestacy apply: If no prior valid Will exists, the Rules of Intestacy distribute the estate. This could mean your estate goes to people you never intended to benefit.

Our Advice

Don’t let a line-of-sight technicality jeopardise your legacy. Use an experienced lawyer to draft and supervise your Will’s execution. This ensures the process is correct and your wishes are legally protected. For help or advice about making a Will, or any other estate planning issue, please don’t hesitate to get in touch. We’re here to help.

Three Steps to Sell Your Property Smarter and Faster

Selling a property is an exciting venture, but the legal process can quickly become complicated and slow down if you’re not prepared. Selling a house in the UK typically takes between 3 and 7 months from listing to completion. However, with proactive planning, you can achieve a faster, smoother, and less stressful sale. By being proactive, you can identify potential issues, avoid frustrating delays, and considerably simplify the entire legal process. 

Step 1: Gather all Documentation

A buyer’s lawyer will quickly request a set of documents. Having these ready from the start will save weeks of back-and-forth later.

• Property Deeds/Title Documents: Find your official Title Number and verify the details of your property’s registration. If you have a mortgage, your lender may hold the original deeds, but the Land Registry’s electronic register is the ultimate legal record of your ownership. Your solicitor will use your title number to quickly obtain the official copies needed for the contract package.

• Mortgage Information: Request a current statement from your lender showing the latest balance.

• Warranties and Guarantees: Gather all guarantees for completed works on the property, such as damp-proofing, roof repairs, or new boiler installations.

• Energy Performance Certificate (EPC): Obtain a valid EPC before listing the property. This certificate is legally required for marketing. If your current EPC is more than ten years old, arrange for a new assessment immediately.

• Essential Legal Forms: Complete the TA6 (Property Information Form) and TA10 (Fittings and Contents Form) thoroughly and honestly as soon as you instruct your solicitor. 

Step 2: Resolve Planning and Tenure Challenges

Address any potential “skeletons in the closet” concerning the property’s structure or its legal ownership before the buyer’s solicitor inquires.

• Building Regulations Approval: For any significant alterations (e.g., loft conversions, wall removals), obtain the final completion certificates from your local authority. Missing these certificates is a common cause of transaction delays.

• Planning Permission: If you have built an extension or changed the use of part of the property, make sure you have the correct planning permission. 

• Shared Services: If you share a driveway, septic tank, or private access with a neighbour, consult your title deeds for clear, legally binding agreements.

• Leasehold Properties: If your property is leasehold and the remaining lease term is less than 85 years, you should promptly explore your options. Initiating the legal process for an extension before selling can significantly boost your property’s value and appeal. 

Step 3: Instruct a Lawyer Early to Secure the Advantage

You might expect us to claim that you can gain a genuine advantage by instructing lawyers early, but it’s true! Including before receiving an offer. This approach allows the conveyancing team to prepare the draft contract and complete the legal package in advance.

When a buyer makes an offer, your lawyer can immediately issue the complete contract pack. This demonstrates commitment, often enhances your negotiating power, and prevents delays buyers face while waiting for paperwork. Don’t wait for buyers to uncover issues; identify and resolve them yourself. This transparency makes your sale smoother, quicker, and legally secure.

Our Advice

Navigating a property sale doesn’t need to be stressful. By addressing potential issues and gather documents in advance, you control the timetable, ensuring conveyancing is predictable and smooth.

Since the 1970s, we’ve helped families and individuals sell property with minimal delays, offering services like buying and selling, equity release, tenancy agreements, freehold reversions, and lease extensions. Contact us for advice on property matters; we’re here to help.

Selling a property is an exciting venture, but the legal process can quickly become complicated and slow down if you’re not prepared. Selling a house in the UK typically takes between 3 and 7 months from listing to completion. However, with proactive planning, you can achieve a faster, smoother, and less stressful sale. By being proactive, you can identify potential issues, avoid frustrating delays, and considerably simplify the entire legal process.

Taking Care of Vulnerable Loved Ones After You Die

It’s a deeply personal and often challenging topic: how do you ensure financial stability and a good quality of life for a vulnerable or disabled loved one after you pass away? For many, leaving an inheritance is an important part of their legacy.

However, a simple lump sum gift could unintentionally harm a vulnerable beneficiary and jeopardise their eligibility for vital state benefits, social care, or housing support.

If your loved one relies on means-tested government assistance (such as Universal Credit, Housing Benefit, or Income-related Employment and Support Allowance) or may struggle to manage a large sum of money, proactive legal planning is essential. You can’t simply include them in your Will; you need a structured approach to safeguard both their inheritance and their crucial support network.

The £16,000 Capital Limit

In the UK, most means-tested benefits have limits on your loved one’s total capital (savings, investments, and most inheritance):

• £6,000: Savings above this amount will start to reduce their benefit payments.
• £16,000: Savings over this level generally make them ineligible for Universal Credit and other working-age means-tested benefits.

An outright inheritance of more than £16,000 will therefore result in the complete loss of these essential benefits.

The Power of Specialist Trusts

The foundation of estate planning for a vulnerable beneficiary is establishing a trust within your Will. A trust is a legal arrangement where Trustees oversee assets for a specific person (known as a beneficiary). Because the Trustees manage the funds—not the beneficiary directly—the assets generally don’t count against the beneficiary’s capital limit for means-tested benefits.

In this scenario, there are two main types of trusts to consider in the UK.

ONE: Disabled Person’s Trust (DPT) / Vulnerable Person’s Trust

A specific type of trust created for beneficiaries who meet the legal definition of ‘disabled’ (often by qualifying for certain benefits like PIP or Attendance Allowance).

The Key Benefit

It offers significant tax advantages. Trustees can choose to have the trust’s income and capital gains taxed at the disabled beneficiary’s personal rates. DPTs are also exempt from the 10-year and exit charges that apply to other trusts.

Purpose

The trust must mainly benefit the beneficiary, acting to supplement rather than replace state funding.

TWO: Discretionary Trust

A flexible trust where Trustees have full discretion over who benefits, when, and how much. The vulnerable person is usually among several beneficiaries, which may include siblings, children, or charities.

The Key Benefit

It provides maximum flexibility. Trustees can respond to the beneficiary’s changing needs and updates in government benefits policy. Like a DPT, the assets do not impact means-tested benefits.

Consideration

This remains a strong option if the beneficiary’s eligibility for DPT status is uncertain or if the primary aim is to ensure that any remaining capital passes to the wider family later. However, it may attract less favourable tax treatment, such as periodic Inheritance Tax charges, compared to a DPT.

The Critical Role of a Will

Your Will is the foundation. It not only specifies who inherits your assets, but also allows you to nominate guardians for minor children and establishes the trust mechanism to manage assets for an adult beneficiary. Without a Will, intestacy rules apply, passing assets directly. This can be disastrous, leading to a loss of benefits.

Letter of Wishes

A trust deed is a legal document, but it cannot cover every detail of your loved one’s life. That’s why a Letter of Wishes is valuable. This non-binding document sits alongside the trust and acts as a personal guide for your Trustees. Use it to outline:

– The beneficiary’s routines, medical needs, preferences, and dislikes.

– Your principles for how the money should be used (e.g., prioritising quality of life, travel, or therapy over basic living costs that might be covered by state benefits).

– Advice on communicating with the beneficiary’s primary care providers or guardians.

– Your long-term plans for any capital remaining after the beneficiary’s death.

Choose Your Trustees and Successors Carefully

The individuals you choose to manage the Trust become the de facto financial managers of your loved one’s future. This role requires financial expertise, administrative discipline, and a thorough understanding of the beneficiary’s needs.

Consider a Mix of Personal & Professional

Many choose a combination of family members—who offer compassion and personal insight—and a professional trustee, who provides legal and financial expertise and ensures compliance with HMRC and DWP regulations.

Address Capacity

If the vulnerable beneficiary is an adult and still has legal capacity, encourage them to establish Lasting Powers of Attorney (LPAs) to appoint someone to manage their affairs should they later lose capacity.

Our Advice

Planning for a vulnerable or disabled loved one is arguably the most complex and crucial form of estate planning. It involves navigating the intersection of HMRC tax rules, DWP benefit regulations, and the deeply personal needs of your family.

This is not a do-it-yourself task. To protect your loved one’s inheritance and ensure their vital benefits, always seek advice from experienced lawyers specialising in Wills, Trusts, and the Court of Protection, alongside a financial advisor. Additionally, carry out regular reviews to keep the arrangements compliant with current legal and tax regulations.

The peace of mind gained from a properly secured future is invaluable. For more information or assistance, please feel free to contact us. We are here to help.

‘My Spouse Can Sort It…’  Debunking Myths About Powers of Attorney

Clients often hesitate to establish Lasting Powers of Attorney (LPAs). Yet, these crucial legal documents are vital for future planning. However, many people often misunderstand them and believe common myths about them.

LPAs enable you to appoint one or more trusted individuals, known as your “Attorneys,” to act on your behalf if you lose mental capacity. They help ensure your wishes are respected, whether the decisions concern your Property and Financial Affairs or your Health and Welfare.

Sadly, not everyone has lasting powers of attorney. There are numerous reasons for this. Here, we dispel the most common misconceptions to help you understand their importance.

Myth 1: “An LPA means I lose control of my finances and life immediately.”

The Reality: This is arguably the greatest fear, but it’s simply not true. You remain in control. 

As long as you have the mental capacity to make your own decisions, you continue to do so. Your Attorney should only step in to help when necessary. Furthermore, they must always support you in making your own choices wherever possible.

Crucially, as long as you have mental capacity, you can revoke or cancel an LPA at any time. This essential safety net ensures you retain the power to change your mind or remove an Attorney if circumstances change.

When LPAs come into effect:

1. A Health and Welfare LPA can only be used if you lack the mental capacity to make specific health or care decisions.

2. A Property and Financial Affairs LPA is used either when you lose capacity or, if you specifically allow it, while you still have capacity. For example, if you are physically unable to manage your accounts due to illness or travel. However, even if it is registered, you still have the right to make decisions for yourself until your capacity is lost.  

Myth 2: “I have a Will, so I don’t need an LPA.”

The Reality: A Will and an LPA are two entirely separate documents that cover different stages of your life.

A Will only takes effect after your death, specifying how your estate is to be divided. An LPA only functions during your lifetime, covering decisions about your finances, property, health, and welfare while you are alive but unable to make them yourself. If you lose capacity without an LPA, your Will cannot manage your affairs while you’re alive.

Myth 3: “My spouse/partner/next-of-kin can automatically step in and manage everything.”

The Reality: This is a significant misconception. The term ‘Next of Kin’ has no legal authority over your financial matters or medical treatment.

1. Even a married spouse or civil partner cannot automatically access bank accounts held solely in your name, sell your property, or make health and care decisions for you without an LPA.

2. If you lose capacity without an LPA, your family must apply to the Court of Protection to be appointed as a Deputy. This process is much more costly, time-consuming, and stressful than setting up an LPA in advance, and the person appointed may not be the one you would have chosen. 

Myth 4: “LPAs are only for the elderly or those with serious illness.”

The Reality: Loss of mental capacity can happen to anyone at any age due to a sudden accident, a stroke, a sudden illness, or even temporary unconsciousness.

You need the mental capacity to create an LPA. Waiting until it is actually needed is often too late. Setting up an LPA is an important part of planning that every adult should think about, no matter their current health or age.

Myth 5: “My Attorney has unlimited power to do whatever they want with my money.”

The Reality: Attorneys are bound by strict legal duties and must always act in your best interests, in accordance with the principles of the Mental Capacity Act.

1. They must make decisions they genuinely believe are in your best interests. For a Health and Welfare LPA, they must consider your past and current wishes and feelings.

2. They must be accountable. For example, they should keep your money separate from their own. They must maintain clear financial records. Additionally, the Office of the Public Guardian (OPG) can investigate them if there are concerns about their conduct. You can also include binding instructions and explicit preferences in the LPA document to guide your Attorneys. 

Our Advice

LPAs are a vital ‘insurance policy’ for your future. When you are at your most vulnerable, LPAs provide peace of mind. Someone you have actively selected, whom you trust, will make decisions on your behalf. They understand how you would want them to act if you are ever unable to speak for yourself. So, don’t let these common myths stop you from taking control of your future planning.

Please don’t hesitate to contact our specialist team for more information or advice. We’re here to help.

Buying or Selling a Home with Solar Panels

With 1.6 million homes now fitted with solar panels, it comes as no surprise that clients often ask whether solar panels affect the sale or purchase of a property.

Undoubtedly, solar panels are a valuable asset, providing energy savings and environmental benefits. However, when relocating, they pose a unique set of legal and conveyancing challenges. Buyers and their lawyers must request a comprehensive set of documents from the seller. These documents should confirm that the installation and maintenance are properly recorded.

The key to a smooth transaction is simple: transparency and preparation. Here’s an overview of what every buyer and seller should know when managing a property sale involving solar panels.

1. The Critical Distinction: Owned vs. Leased

The first and most important question is: Who owns the solar panels? The legal process varies considerably depending on whether the seller owns the panels outright or if they are part of a ‘Rent-a-Roof’ scheme, Power Purchase Agreement (PPA), or lease.

If the Panels Are Owned Outright (Best-Case Scenario)

FOR SELLERS

The panels are regarded as fixtures and transfer with the property, just like your boiler or built-in oven. Collect all installation and ownership documents for the buyer.

FOR BUYERS

You inherit the system and its energy benefits. Your conveyancer will focus on the system’s documentation. It’s advisable to use a qualified (specialist) electrician to check the solar panel’s condition. See section 3 below.

If the Panels Are Leased or under a PPA (Potential Complication)

The Agreement

The solar company owns the panels and has a long-term lease of the roof space, often lasting 20-25 years. The seller effectively acts as a landlord, and the buyer must agree to assume this tenant-landlord relationship.

Transferring the Lease

The sale requires the buyer to assume the existing lease or PPA. This involves a formal transfer process with the solar company, including a credit check on the buyer.

Lender Hesitation

Many mortgage lenders have strict requirements for approving homes with leased solar panels. If the lease does not meet their criteria (often based on industry guidelines), they may refuse to lend, which can derail the sale.

Exit Strategy (Seller)

If the buyer refuses to assume the lease, the seller might need to consider expensive options such as buying out the remaining lease or removing the panels entirely, which require permission and involve significant costs.

2. Essential Documents: What to Prepare or Demand

In a solar panel transaction, paperwork is paramount. Whether buying or selling, your legal adviser will need to review a complete set of documents to ensure the installation is compliant and the transfer is secure.

Document	Why it Matters	Owned System	Leased System
Lease/PPA Agreement	Defines all obligations, payment terms, and transfer requirements.	❌	✅
MCS Certificate (Microgeneration Certification Scheme)	Proof the installation meets industry standards. Crucial for mortgage lending and utility schemes.	✅	✅
Electrical Compliance Certificate (e.g., Part P)	Confirms the associated electrical work is safe and complies with building regulations.	✅	✅
Roof Survey/Structural Report	Proves the roof can support the panels’ weight.	✅	✅
Planning Permission/Covenant Consent	Evidence that the installation complied with local planning rules or property deed restrictions.	✅	✅
Warranties & Maintenance Records	Verifies the system is in good repair and shows what is covered and for how long.	✅	✅
Feed-in Tariff (FIT) or Smart Export Guarantee (SEG) Paperwork	Shows the transfer process for the financial benefit (payment for exported electricity).	✅	✅
Loan/Finance Documents	If the panels were financed, proof that the seller will pay off any outstanding loan tied to the property at completion.	✅	❌

 

3. Due Diligence: Buyers, Check This List!

If you buy a house with solar panels, don’t just concentrate on lower utility bills. A buyer’s due diligence must go beyond the standard home survey.

Lease Transfer

For a leased system, ensure your mortgage lender officially approves the specific lease agreement and that you meet the solar company’s credit requirements for the assignment.

FIT/SEG Transfer

Make sure the seller finishes the necessary paperwork to transfer the benefit of any Feed-in Tariff or Smart Export Guarantee payments into your name once the process is complete. This is a common cause of delays.

Roof Structure

The solar panel equipment can add weight to the roof. It is always recommended that a thorough structural survey be conducted.

Get a Solar Inspection

A standard home survey might not include the electrical system or solar components. Consider hiring a specialised solar electrician to assess the system’s performance and condition.

Also, verify that the provider and installer are members of the Renewable Energy Consumer Code (RECC). Crucially, confirm that only MCS-approved equipment and MCS-certified installers were used. In many cases, mortgage lenders will not proceed unless the panels meet MCS standards.

Review Maintenance Responsibilities

If the panels are owned, who covers the costs of future maintenance? If leased, who is responsible for damage and removal, such as roof repairs? The documents must clearly specify this.

Planning Permission

Installing solar panels is usually considered permitted development. However, if the property is in a conservation area or is a listed building, planning permission is required instead. Other situations may also require planning permission, even if the property isn’t listed or in a conservation area. Buyers should check with their surveyor and solicitor to confirm.

Building Regulations

Typically, these are not necessary for solar panel installation, but a certificate for the electrical work might be required. Your solicitor should verify its availability.

Impact on Future Plans

Your solicitor should check the lease agreement for any restrictions on future property modifications, such as extensions or loft conversions, that might impact the panels.

4. Sellers: Advice for a Smoother Transaction

Get Organised Early

Gather all documents, especially the lease and Microgeneration Certification Scheme (MCS) certificate, as soon as you decide to sell. Missing paperwork is the main cause of delays.

Be Transparent

Disclose the ownership status (whether owned or leased) and provide all relevant documents in advance to your conveyancer and potential buyers.

Consider a Buyout

If you have a leased system, think about whether buying it is financially sensible. This is because owning the system can be more attractive to cash buyers and mortgage lenders.

5. Buyers: Advice for a Smoother Transaction

Involve Your Conveyancer

Inform your conveyancing solicitor about the solar panels immediately. They need to start the title check and lender inquiry regarding the lease or ownership.

Verify Certifications

Insist on viewing the MCS and electrical/energy performance certificates. A lack of these can highlight safety concerns and impede future saleability.

Factor in Ongoing Costs

Understand the remaining lease or PPA duration and monthly payments. Also consider future maintenance costs if the panels are owned.

Our Advice

Working with a conveyancer experienced in handling properties with solar panels is essential for both buyers and sellers.

As a seller, a specialist lawyer ensures that you prepare all the necessary documentation early, helping you avoid common issues and delays that could jeopardise your sale. As a buyer, they will assist you in asking the right questions and reviewing all the documentation so you fully understand the financial and legal obligations you are undertaking.

For further advice or information, please do not hesitate to contact us. We’re here to help.

Paw-sitive Planning in Your Will

Ensuring Your Pet’s Future

We all regard our pets as family. They offer steadfast companionship, a listening ear, and unconditional love. Yet, although they occupy a priceless place in our hearts, UK law legally treats pets as personal property—akin to furniture or jewellery.

This legal classification means your beloved dog, cat, parrot, or horse cannot directly inherit money or assets from your Will. So, what happens to them when you’re no longer here? Without a specific legal arrangement, their future is left to chance. This could mean their care depends on the uncertain goodwill of your next of kin or, in the worst case, an animal shelter.

If you are one of the many UK pet owners, including a provision for your pet in your Will isn’t just a kind gesture—it’s a vital part of responsible estate planning. Since a pet can’t be a beneficiary, your Will must be structured differently to secure their lifelong care. Here are the three most common methods used:

Option One: Appoint a Guardian and Make a Conditional Gift

This is the simplest and most common approach:

Name a Pet Guardian

Your Will can clearly specify who you wish to take ownership and care of your pet (e.g., “I give my cat, Whiskers, to Jane Doe…”). This legal clause transfers ownership of the pet (the ‘property’) to a designated person.

NB: Always discuss this with the person you have chosen first. Make sure they are willing and financially able to undertake this long-term responsibility, and appoint a backup guardian in case they cannot meet their obligations.

Leave a Financial Legacy

You can specify an amount of money to be given to the named guardian to help cover the ongoing costs of your pet’s care (food, vet bills, insurance, etc.).

NB: Be aware that once the gift is made, the guardian is generally not legally obliged to spend the money exclusively on the pet. Therefore, you must place a great deal of trust in the named individual using this method.

Option Two: Establish a Pet Trust (Trusts of Imperfect Obligation)

A Pet Trust could be your best choice if you have a substantial estate, an expensive animal (such as a horse), or desire greater control over the funds.

• Trustees oversee a designated sum of money held in a trust.

• The trust deed states that the Trustees must utilise the funds exclusively for the care and maintenance of your pet.

• The trust should have a definite end date, usually the death of the pet, and is generally limited to a maximum of 21 years under UK law.

• Although more complex and expensive to establish, a Pet Trust provides the strongest legal assurance that the funds will be used as intended.

Option Three: Use an Animal Welfare Charity Scheme

Many major UK charities, like the RSPCA, Dogs Trust (Canine Care Card), and Cats Protection, offer rehoming services.

• By enrolling in their scheme and including the charity in your Will, you legally transfer your pet to them after your death.

• The charity will then find your pet a suitable new home. It is common to leave a financial donation to the charity to support this work.

• This is an excellent option if you don’t have a friend or family member who can take on your pet.

Letter of Wishes

Regardless of which method you choose, a Will is not the place for detailed daily instructions. Instead, your solicitor can help you draft a Letter of Wishes to accompany your Will.

Although this document is not legally binding, it provides invaluable guidance to your pet’s new caregiver, covering:

• Daily routine and exercise.

• Dietary needs and favourite foods.

• Medical history, current medication, and veterinary details.

• Favourite toys, habits, and personality quirks.

Ultimately, this letter helps make your pet’s transition smooth, so they can carry on their new life with the same love and caring they have always known from you.

Our Advice

Failing to plan for your pets can cause issues for your family during difficult times. Including a clear clause in your Will can provide peace of mind. It can also help prevent disputes and ensure your pets are cared for. Furthermore, it’s wise to consider future pets. Even if you don’t have any now, you can prepare by carefully wording your Will. This way, any pets you acquire later will be loved and looked after as you wish.

If you need further information or advice about structuring your Will, please don’t hesitate to contact us. We’re here to help.

Amending Your Will

Are Codicils a Good Idea?

Life constantly changes, and sometimes your last Will needs updating to reflect new circumstances. When you need to make a minor change to an existing Will, you might consider using a codicil. But are they really a good idea?

A codicil is a separate legal document that officially amends, rather than replaces, a previously executed Will. Although they may seem like a quick fix, they often lead to complications that make them a risky choice.

The Argument Against Codicils

Using a codicil can lead to significant problems during probate, primarily because it raises the likelihood of errors and confusion.

1. Increased Risk of Contradiction and Confusion

The main concern is the risk of confusion or inconsistency. A codicil must be read alongside the original Will. If the codicil’s wording is not entirely clear or directly contradicts a clause in the original Will, it causes uncertainty.

Moreover, there is no limit to how many codicils a person can add. However, having multiple codicils can create a confusing collection of amendments that might contradict each other—or even the Will itself.

This resulting ambiguity often requires court interpretation, resulting in:

• Higher legal costs.
• Delays in distributing assets.
• Family disputes over your intentions.

2. Higher Risk of Loss or Mismatch

You must keep the codicil with the original Will to ensure it is valid. If one document is lost or becomes separated, the probate court might find it difficult to determine your true final wishes. The process then becomes complicated, and the court may only work with the documents it can find.

3. Execution Requirements Are Strict

A codicil is not just a signed note. It must be executed with the same formal legal requirements as the original Will, including proper witnessing and signing. People often attempt to create a codicil informally, which can invalidate the document and potentially render your entire Will vulnerable to challenge.

4. Absence of a Thorough Review of Your Will

When you prepare a Codicil to amend your Will, you naturally concentrate on the specific changes or additions you wish to make without reviewing the entire document. This can lead to overlooking subtle inconsistencies or contradictions between your original Will and the Codicil, which may result in disputes among beneficiaries and legal challenges.

When a Codicil Might Make Sense

While a new Will is almost always the preferred option, a codicil might be suitable in limited circumstances. For example:

For a Single, Minor Change: If you need to make just one very small, non-controversial adjustment—such as correcting a minor factual error (like a street address) or changing the name of a non-fiduciary beneficiary—a carefully drafted codicil may be suitable.

When Challenging Capacity Is a Concern: In situations where the Testator’s (the person making the Will) capacity or susceptibility to undue influence might be questioned, a new Will can be vulnerable to a challenge that could invalidate the entire document. In contrast, a simple codicil makes only a limited change, meaning any successful challenge only affects the codicil, leaving the substance of the older, presumably sounder Will intact.

Crucial Note: This careful use of a codicil is complicated and should only be carried out under the direct supervision of a qualified lawyer who can properly record the Testator’s capacity at the time of signing.

When Should You Consider Creating a New Will?

In most cases, drafting a new Will that explicitly revokes all previous Wills and codicils is the safer and more precise choice.

Type of Change	Recommended Action	Reason
MINOR CHANGE (e.g., updating an address, adding a small specific gift)	New Will (preferred) OR Codicil (if language is simple)	A new Will ensures a single, cohesive document. If you use a codicil, the language must be precise.
MAJOR CHANGE (e.g., changing the executor, removing a beneficiary, significant asset reallocation)	New Will	Minimises confusion; a new Will cleanly supersedes all prior instructions
MULTIPLE CHANGES (over time)	New Will	Avoids a "patchwork" of documents (a Will and multiple codicils) that become difficult to manage and interpret.

The Clarity Advantage

A new Will provides a single, clear document that clearly states your most recent wishes. It eliminates confusion over which document controls specific assets or instructions, offering you and your family greater peace of mind.

Our Advice

While codicils may initially save time and money, their potential for causing confusion, legal conflicts, and prolonged probate makes them a poor long-term solution for estate planning. Always seek advice from specialist estate planning lawyers before modifying your Will. They can help determine if a codicil suits your simple, specific needs or if creating a new, clear Will would better ensure your wishes are carried out smoothly and without dispute.

For more information or assistance with Wills or LPAs, feel free to contact us. We are here to help.

 

The Risks of Private Promises in Your Will

A Cautionary Tale from Lorenz v Caruana

Secret trusts, a unique and longstanding feature of English law, continue to spark debate and present complex challenges in estate planning. These trusts allow a person to leave property to a secret trustee in their Will, with a private, unwritten understanding that the property will benefit another person, the beneficiary. The recent Court of Appeal decision in Lorenz v Caruana highlights the legal complexities and risks associated with these arrangements.

What are Secret Trusts?

A secret trust functions outside the formal requirements of the Wills Act 1837. This is its main feature and also its greatest weakness. There are two types:

1. ‘Fully Secret’ trusts do not mention a trust at all. The gift appears to be an outright bequest to the named individual, who has privately agreed to hold the property on trust for another.

2. ‘Half-Secret’ trusts stipulate that the property is to be held on trust, but the specific terms and the identity of the beneficiary are not disclosed. The Will might say, “I leave £X to Y for purposes I have communicated to them before my death.”

To be valid, a secret trust requires three elements:

1. The testator must have intended to impose a binding obligation on the trustee, rather than merely expressing a wish.

2. The testator must have communicated the trust’s existence, including the terms of the trust, during their lifetime.

3. The trustee must have accepted the obligation, either expressly or by implication (e.g., through silence). 

The Pros and Cons of Secret Trusts

The main benefit of a secret trust is the confidentiality it provides. A Will becomes a public document after a grant of probate is issued, so a testator may use a secret trust to discreetly provide for a person they do not wish to be publicly identified with, such as a partner from an extramarital relationship or an illegitimate child.

Despite this, the disadvantages are significant and should be carefully considered.

1. Difficulty of Proof: Due to their very nature, secret trusts are extremely difficult to prove, as the evidence often relies on conversations and recollections, which can be inconsistent or unreliable.

2. Risk of Failure: If a secret trust is not clearly communicated or proven, the trustee might keep the property for themselves, undermining the individual’s intentions. When a half-secret trust fails, the property generally reverts to a resulting trust for the estate’s residuary beneficiaries, not the trustee.

3. Potential for Litigation: Disputes over secret trusts often result in expensive and lengthy court conflicts, causing family divisions and diminishing the estate’s worth.

The Lorenz Case

Millionaire Alan Lorenz, who died in 2021, intended to provide for his siblings, leaving half of his estate to them and half to his partner, Sheila Caruana. He disliked paying tax and, to avoid inheritance tax, entered a civil partnership with Caruana. This created a spousal exemption. His final Will left his entire £18 million estate to her. However, his siblings sued, claiming he had created a secret trust, alleging he had a verbal agreement with Caruana to hold part of the estate for them, supported by solicitor notes mentioning instructions and plans for gifts.

The Initial Rulings

1. The Master of the High Court initially permitted the siblings’ claim to proceed to trial, determining that it had a “realistic prospect of success.”

2. A High Court judge overturned the Master’s decision, concluding there was no reasonable prospect of establishing a secret trust. The judge found that Lorenz’s intention to avoid inheritance tax, combined with the absence of clear, written instructions, undermined the siblings’ claim.

3. The Court of Appeal overturned the High Court judge’s ruling, concluding that the siblings’ case was strong enough to proceed to a full trial. The court emphasised that a ‘mini trial’ on limited evidence was improper and that a full hearing was necessary to properly assess the facts.

Lessons from the Lorenz Case

The Lorenz case illustrates the uncommon and risky nature of secret trusts. If a secret trust fails—for example, if the secret trustee dies—the intended beneficiary might never receive the gift. Disputes can also arise if the secret trustee denies the trust’s existence and claims the gift for themselves. Given the nature of these gifts, evidence may be limited or absent. This makes it difficult for the final beneficiary to prove the trust’s existence.

When confidentiality is essential, those preparing Wills might consider alternatives. These include establishing discretionary trusts with private letters of wishes to trustees. Unlike a Will, these do not become public records.

Ultimately, the Court of Appeal’s decision in Lorenz v Caruana offers some hope for claimants of secret trusts. However, it does not serve as a decisive endorsement. The case highlights the enduring principle that, in estate planning, clarity is generally better than secrecy.

Please do not hesitate to contact us if you have any questions about your Will or other estate planning matters. We are here to help. 

A Checklist for Making a Will

Thinking about your Will may not seem glamorous, but it is essential for protecting your loved ones’ future. A Will is a legal document that explains how you share your assets and who will care for your minor children and estate. Without one, intestacy laws decide these matters, and they might not align with your wishes. To make things easier, here’s a simple checklist of key points and items to consider when preparing your Will.

Details of What You Own & What You Owe

Take stock of all your possessions. This includes: 

• Property: This includes all types of real estate: your home, holiday homes, and land.
• Financial Accounts: List your bank accounts, investment portfolios, and pension funds. Note that some financial products have their own designated beneficiaries, which can override your Will. It’s essential to review these.
• Personal Property: For example, your car, any other vehicle, jewellery, art, furniture, and other valuable items.
• Digital Assets: Don’t forget your social media accounts, domain names, digital photographs, and cryptocurrencies.
• List Your Liabilities: Ensure you have an overview of your debts, such as mortgages, loans, and credit card balances. Your executor will need to handle these. 

Specifying Your Beneficiaries

If you leave your estate to multiple beneficiaries, think carefully about how to distribute your assets. While it may seem unnecessary to make a detailed list, recent life changes like births, deaths, marriages, and divorces could influence who you want to include in your Will. You don’t need to include every detail now—just focus on who’s involved and ensure you haven’t missed anyone.

• Specific Gifts (Bequests): If you wish to leave a particular piece of jewellery to your niece or a sum of money to a charity, you should be as precise as possible to avoid confusion.
• Residuary Estate: This is what remains of your estate after all debts, taxes, and specific gifts have been settled. You should specify who will inherit this residual part (e.g., “the remainder of my estate shall be divided equally among my three children”).
• Contingency Plans: Your Will should specify what happens to a beneficiary’s share if they die before you do. For example, does it go to their children (known as per stirpes) or back into the residuary estate to be divided among the remaining beneficiaries?

If you aim to exclude someone from your Will, it’s usually not simple. Consult a legal professional to minimise the chance of future disputes.

Appointing Key Roles

• Executor(s): You need to specify the person or people who will manage your estate, settle any debts, and distribute your assets according to your wishes. Choosing the right individuals is essential. You need someone you absolutely trust to act in your best interests and those of your beneficiaries. Consider the advantages of appointing a professional (such as a solicitor or accountant). Additionally, you should also nominate at least one substitute executor in case your first choice is unable or unwilling to act.
• Guardian(s) for Minor Children: If you have children under 18, this is arguably the most critical part of your Will. Think about how you want to provide for your children. You can appoint a guardian to raise them and handle their inheritance. You should also designate a backup guardian.

Other Important Considerations

• Pets: Don’t forget your furry friends. You can use your Will to name a caregiver and set aside funds for their care.
• Funeral Arrangements: You can include a letter of wishes with your Will to express your preferences for your funeral, burial, or cremation. While not legally binding, this provides clear guidance for your loved ones.
• Digital Assets: You can create a secure list of passwords and usernames to make it easier for your executor to access your digital life.
• Inheritance Tax (IHT): A note about IHT: the current threshold is £325,000. So, if the total value of your estate (minus debts or loans) exceeds this amount, it may be subject to IHT. Usually, married couples and civil partners can transfer their unused allowance to each other. This means that on the surviving partner’s death, the estate may be able to claim both allowances, currently £650,000. Additional tax relief, the Residence Nil Rate Band, may also apply. Depending on your circumstances, lifetime gifts and other provisions can help to minimise IHT. This is a complex area, so we advise you to seek specialist advice.
• The Formalities: Under the Wills Act 1837, your Will must be signed in the presence of two witnesses at the same time. These witnesses must also sign the Will in your presence and cannot be beneficiaries or their spouses/civil partners, as this would invalidate their gift. While it’s technically not required for a Will to be dated or witnessed by a lawyer to be valid, it’s advisable to do both to ensure clarity and validity.
• Lasting Powers of Attorney: Lasting Powers of Attorney (LPAs) are as vital as making a Will, if not more so. If you lose capacity without an LPA, your family cannot simply take control of your finances, even to pay for your care. They would need to apply to the court, which can be a time-consuming and costly process.

Our Advice

Creating a Will is a responsible act of love. It provides peace of mind, ensures your wishes are respected, and protects your loved ones from the financial and emotional burden of managing your estate without clear instructions. If you need more advice about making a Will or LPAs, please feel free to contact us. We’re here to help.

Equity Release: Unlocking Home Wealth Responsibly

Equity release continues to grow in popularity among older homeowners in the UK, driven by increasing property values and the desire for extra retirement income. This option allows homeowners, typically aged 55 and over, to access the equity in their home without moving. They can opt to receive a tax-free lump sum or regular income, depending on their property’s value.

This financial product acts as a lifeline for those who are “house rich but cash poor,” providing funds for various needs such as boosting retirement income, settling an existing mortgage, funding home improvements, or supporting family members. While it offers a helpful solution, it is a major financial decision that reduces the value of your estate. Therefore, seeking advice from qualified legal and financial professionals.

Understanding the Equity Release Council’s Standards 2.0

The Equity Release Council (ERC) plays a crucial role in regulating and safeguarding the equity release market. Its members, who comprise over 99% of the market, must follow a strict set of rules and a Code of Conduct. The recent introduction of Standards 2.0 marks a major step forward in consumer protection and transparency. These new standards, which came into effect in May 2025, aim to clarify the process, improve safety, and increase accessibility for consumers. The updates primarily address key consumer concerns, with two major changes leading this development.

The New Sixth Product Standard

One of the key updates in Standards 2.0 introduces a sixth product standard that addresses homeowners’ concerns about long-term care. Starting on 6th May 2025, lenders following Council rules will waive early repayment charges if a borrower moves permanently into long-term care. Importantly, this now includes both care home placements and informal arrangements with relatives, provided a medical practitioner’s certificate is submitted, which was not previously covered. This change offers peace of mind, helping families avoid unnecessary charges during often difficult times, both emotionally and financially.

The Consumer Charter

The ERC has introduced a new Consumer Charter alongside the new product standard. This document clearly outlines what customers can expect from an ERC member and is designed to be shared with them.

The charter is built around four key promises:

– Trusted insight, where advice will come from regulated and qualified professionals;

– Tailored advice, where recommendations are customised to your individual circumstances;

– Thorough support, ensuring you are supported throughout the decision-making process with comprehensive information; and

– Transparent communication, where all aspects of the process, including fees and charges, will be explained clearly and straightforwardly.

The Consumer Charter demonstrates the ERC’s commitment to providing a positive and secure experience for all customers, and its principles extend the values embedded in the new product standard.

Our Advice

These improvements mark a positive step for the equity release sector. Updated standards provide more flexibility and protection, particularly for individuals relocating to access care. The Consumer Charter boosts transparency and trust, helping you make informed decisions. However, the updates stress the importance of consulting an ERC member firm, which offers security through a “no negative equity guarantee.”

Equity release can seem like a simple solution. But awareness of potential downsides is essential. Hidden fees, rising interest rates, and impacts on inheritance are just a few things to consider. Seeking independent legal advice is also crucial to protect your interests and estate. Despite reforms, expert guidance remains vital for understanding the details, long-term implications, and suitability of products.

Consider talking with your family, as they might have some valuable insights to share. Also, for more details, advice, or a quote, feel free to contact us. We’re always here to help.

Beyond the Notary Stamp

In an increasingly globalised world, a simple document—such as a degree certificate, power of attorney, or birth certificate—can become a complex legal obstacle when it needs to be used abroad. The requirement for an apostille or consular legalisation aims to prevent fraud and safeguard the integrity of public records across borders. For both individuals and organisations, this process is a vital step towards ensuring smooth international transactions. As this is a subject we’re frequently asked about, we thought it might be helpful to clarify the process.

Apostille vs. Legalisation: What’s the Difference?

Both terms are often used and are closely related.

An apostille is a simplified procedure used between countries that are members of the Hague Convention. It’s a single-step process. Once your document has an apostille, it is valid for use in any other member country.

Legalisation (or “Consular Legalisation“) is the traditional, multi-step process for countries that are not part of the Hague Convention. It often involves obtaining the document apostilled first, then having it authenticated by the embassy or consulate of the destination country. Although it can take more time, it serves the same purpose as validating your document for international use.

When Do You Need an Apostille or Legalisation Service?

You will likely need these services for various personal and business documents, including:

• Academic documents, such as degree certificates or transcripts, often needed for job applications or studying abroad.

• Civil documents, such as birth, marriage, or death certificates.

• Legal documents, including powers of attorney, affidavits, and court orders.

• Corporate documents are necessary for opening a foreign branch or conducting international business.

How Can a Notary Help?

While the apostille is issued by a government office (in the UK, the Foreign, Commonwealth & Development Office, or FCDO), many documents must first be certified by a notary public before they can be apostilled.

A notary public is an officially appointed legal professional who can verify signatures, seals, and the authenticity of documents. We can:

• Certify copies of your documents as “true and accurate” reproductions.

• Witness signatures on legal documents such as powers of attorney.

• Prepare your documents for the apostille or legalisation process, ensuring they meet the required standards.

• Handle the entire process for you, from certifying the document to managing the application with the FCDO and, if required, the relevant embassy. This saves you time, stress, and the hassle of navigating complex procedures.

We’re Here to Simplify the Process

Navigating the world of apostilles and legalisations may seem daunting, but it need not be. We understand the requirements and can provide the expert service needed to ensure your documents are properly prepared and accepted abroad.

Don’t let paperwork hinder your next adventure. If you need any information or advice, please contact us today or click here for an instant online quote.

Exchanging and Completing on the Same Day

The Risks and Rewards of a Speedy Sale

In the world of property transactions, the process of exchanging contracts and completing the sale is usually a two-step process. First, there’s the exchange, where legally binding contracts are signed, and a deposit is paid. Then, there’s completion, the day the keys are handed over and the property officially changes hands. The gap between exchange and completion provides both parties with certainty and time to prepare for the move.

However, a growing trend is for buyers and sellers to exchange and complete on the very same day. While less common, there’s no legal reason why this can’t happen. Known as simultaneous exchange and completion, this approach can speed things up, but it also brings its own set of risks and challenges. So, why does it happen, and what should you be aware of?

The Appeal of a Speedy Sale

For many, the primary motivation for a same-day exchange and completion is convenience. It eliminates the stressful gap between committing to a purchase and receiving the keys. This is often an attractive option if the property is already vacant or if the transaction isn’t part of a chain, meaning the buyer and seller don’t need to physically move homes on the day.

In cases that do involve chains, this approach can simplify the process, ensuring everyone moves at the same time and preventing possible breakdowns. It can also be a solution when a buyer or seller faces a strict deadline, such as a mortgage offer expiry or a sudden relocation.

Estate agents often support this approach, as it can speed up their commission and offer a quick resolution for their clients. It can also serve as a way to keep momentum in a transaction that might otherwise stall.

The Dangers Lurk in the Details

While the appeal of a quick sale is understandable, there are significant risks. The most serious risk is the limited time to prepare. The interval between exchange and completion is not merely for packing boxes; it is a vital period for final inspections and financial arrangements.

Financial Issues: Mortgages and fund transfers can pose substantial obstacles. If a lender’s funds are delayed or a technical problem occurs with a bank transfer, the entire process can come to a halt. This could leave buyers without a home on the day of completion and may even breach the contract, resulting in financial penalties.

Last-Minute Challenges: A same-day exchange and completion leave no room for a final property check. What if the seller has not vacated all their belongings? What if the boiler has failed since your last visit? Without that buffer period, your options are limited before the keys are handed over. Discovering these problems after completion can lead to costly and lengthy disputes.

Insurance and Utilities: The buyer is usually responsible for insuring the property from the moment of exchange. A same-day transaction can create ambiguity, possibly leaving the buyer uninsured if they haven’t had the chance to organise a policy. Likewise, there’s no time to notify utility companies, which can cause issues with supply and billing.

Pressure and Stress: The demand to complete everything on the same day can be overwhelming. It places considerable strain on solicitors, lenders, and those involved, increasing the risk of mistakes and oversights. The stress of moving is heightened by the uncertainty of whether you’ll be moving until the very last moment.

How to Mitigate the Risks

If you are considering a same-day exchange and completion, proactive preparation is key. Talk to your lawyer to ensure your legal team is fully on board with a robust plan, experienced in this type of transaction, and able to advise you on specific risks. Communicate with your lender to confirm they can guarantee the timely transfer of funds. Arrange everything in advance—building insurance, removals, and utility transfers—so you’re ready to execute these tasks immediately upon exchange. Additionally, familiarise yourself with the contract terms, especially regarding delayed completion and penalties involved.

Our Advice 

Exchanging and completing on the same day can be an efficient solution for a specific set of circumstances. However, it requires meticulous planning and a complete understanding of the risks. While the promise of a swift and seamless move is appealing, it’s essential to weigh that against the potential for significant financial and logistical complications.

Ultimately, a traditional two-step process, while slower, provides a necessary layer of protection and peace of mind for what is likely the most significant financial transaction of your life. If you need support or advice about the purchase or sale of your property, please don’t hesitate to contact us. We’re here to help.

The Changing Landscape of Lasting Powers of Attorney

A New Dawn for LPAs?

Lasting Powers of Attorney (LPAs) are vital legal documents that ensure individuals have a trusted person to manage their affairs if they lose capacity. Traditionally paper-based, the process has been slow and prone to errors. Recent legislation seeks to digitise LPAs and introduce safeguards. Many legal professionals support the reforms to improve the process, but concerns remain about the safety and accessibility for vulnerable individuals. Despite backing for modernisation, consulting a legal professional remains essential.

The Powers of Attorney Act 2023

The Powers of Attorney Act 2023, which received Royal Assent in September 2023, is the foundation of these reforms. Although the Act is concise, it sets the scene for significant changes by amending the Mental Capacity Act 2005. Its primary goal is to modernise the LPA process and enhance protections against fraud and abuse.

What’s Changing?

The 2023 Act, although not yet fully enacted, introduces significant changes, including:

• A Shift to Digital LPAs: The Act enables the development of an online system for registering and creating LPAs. Done correctly, this could be transformative, as it aims to speed up processing times, reduce human error, and improve accessibility.

• Enhanced ID Checks: The new system will introduce a more robust process for identity verification for those applying for an LPA, adding an extra layer of security to prevent fraudulent applications.

• Donor-Only Registration: Only the person making the LPA, the ‘donor,’ can apply to register it. This change is a safeguard. It ensures the donor has capacity at registration time. It also prevents the attorney from registering the LPA without the donor’s knowledge.

• Expanding the Pool of Objectors: The Act allows more individuals to object to an LPA’s registration, offering an important safeguard against potential misuse.

• OPG Notification Update: The Office of the Public Guardian (OPG) will now notify nominated individuals about LPAS registration. Previously, this task was handled by the donor or their representatives.

The new digital system and its safeguards are currently being developed and will undergo comprehensive testing before full implementation. An improved paper-based process will also remain available for those unable or unwilling to use the digital system.

The Proposed Powers of Attorney Bill (2024-25)

The reforms go even further. The House of Commons has introduced a new Private Members’ Bill, the Powers of Attorney Bill (2024-25). This Bill aims to build on the foundations of the 2023 Act and incorporate additional provisions to strengthen the LPA system.

What’s Proposed?

The Bill proposes to:

• Place Duties on Banks: It seeks to impose new obligations on banks and other financial institutions regarding their handling of LPAs. This approach directly tackles common complaints about banks failing to recognise or appropriately act upon an LPA, which causes significant delays and stress for attorneys.

• Broaden OPG’s Investigative Powers: The Bill aims to strengthen the OPG by giving it greater authority to examine the actions of an attorney. Strengthening the OPG’s powers provides an additional safeguard for vulnerable individuals.

These proposals recognise that the effectiveness of an LPA depends on the system supporting it. Resolving issues with third parties, such as banks, and granting the OPG greater authority should make LPAs more reliable and efficient tools.

Why You Still Need a Lawyer to Prepare Your LPA

With the government’s drive for a streamlined, user-friendly digital system, many individuals might feel tempted to prepare their LPAs online. While the new system aims to be more accessible, consulting a qualified lawyer remains vital. Here’s why:

1. Avoid costly mistakes: The current LPA forms and upcoming digital process have strict requirements. Even minor errors, such as incorrect signatures or spelling mistakes, can lead to rejection. LPA errors in 2023-24 caused over 50,000 rejections, delays, and higher costs. A lawyer’s careful preparation ensures accuracy, saving you time, money, and stress.

2. Tailored Advice and Complexities: Your situation is unique. An online form cannot replace the detailed legal advice a professional can offer. They can help you understand the full implications of your decisions. They also guide you in selecting the right attorney, which can be challenging. Additionally, they support complex cases involving joint property, business interests, or international assets.

3. Protecting Against Abuse and Undue Influence: LPAs give significant authority to attorneys. Lawyers recognise signs of coercion, undue influence, or fraud, acting as a safeguard to ensure you freely establish the LPA and understand its consequences.

4. The Role of the Certificate Provider: The person who certifies your mental capacity for the LPA. While sometimes a close friend may do this, a legal professional is usually best because they have the skills to assess your capacity impartially. Their role is vital in case of disputes. 

5. Peace of Mind: Engaging a lawyer ensures your LPA is legally sound and reflects your wishes. It also makes it harder for others to object later, protecting you and your loved ones when it matters.

Our Advice

The LPA landscape is improving with modernisation, efficiency, and protection. While new digital tools ease the process, legal and personal complexities remain. In a changing world, the expertise of a qualified lawyer is more important than ever.

For more information or advice on LPAs or other estate planning matters, please don’t hesitate to contact us. We’re here to help.

Buying a Leasehold Property

Buying a home is a significant life event, often accompanied by excitement and anticipation. For many, a leasehold property provides an attractive and sometimes more affordable way to enter the property market. However, buying a leasehold is fundamentally different from purchasing a freehold. Recognising these differences early is vital for a smooth and informed journey.

When you buy a leasehold property, you are not buying the land beneath the building. Instead, you gain the right to occupy that property for a certain period – the “lease term.” The land itself remains under the ownership of the freeholder, effectively your landlord, for the length of the lease. This unique relationship raises several important considerations that you need to understand.

The Lease Agreement

This is arguably the most important document in a leasehold purchase. The lease agreement is a legally binding contract that clearly states the rights and responsibilities of both you (the leaseholder) and the freeholder. It covers a wide range of details, from how and when you pay ground rent and service charges, to permitted alterations you can make to your property, and your obligations regarding maintenance and repairs. Your solicitor will thoroughly review this document, ensuring you fully understand every clause and its long-term implications. Understanding this agreement is crucial, as it governs much of your ownership experience.

Annual Ground Rent

Ground rent is an annual payment you make to the freeholder for the right to occupy their land. The amount of ground rent can vary significantly between leases, and importantly, the lease will specify how and when it might increase. Some leases have fixed ground rents, while others include review clauses that could cause the amount to rise, sometimes quite substantially, over time. Your lawyer will highlight any potentially onerous ground rent clauses, such as those that double every few years, as these can impact the property’s future resale value.

Service Charges

These charges cover the costs related to maintaining and managing the communal areas of the building and estate. This generally includes tasks such as maintaining shared hallways, stairwells, roofs, and gardens, as well as essential services like building insurance, cleaning, and sometimes even a concierge service. The freeholder or a designated management company usually collects service charges. They can vary each year based on actual costs, and you may also need to contribute to a “reserve fund” for future major works, such as roof replacements or external redecoration.

The All-Important Lease Length

The remaining lease length is a crucial factor that significantly influences the property’s value and your chances of securing mortgage finance. Lenders are often cautious about providing mortgages on properties with very short leases, typically those with less than 80 years remaining. As the lease approaches expiry, the cost to extend it generally increases, and the property’s market value usually decreases. Extending a lease can be a complex, lengthy, and costly process that involves negotiations with the freeholder. It is advisable to consider the current lease length carefully when viewing properties and to account for potential extension costs if the lease is nearing the critical 80-year threshold.

Management Company

In many leasehold developments, a separate management company is appointed to oversee the day-to-day running of the building. This company acts on behalf of the freeholder, collecting service charges, organising maintenance, and ensuring compliance with the lease terms. It’s crucial to know who the management company is, its track record, and how effectively it manages the building. Your legal team will make enquiries with them, requesting service charge accounts, details of upcoming works, and any disputes within the building.

The Role of Your Legal Professional

When you instruct a lawyer for a leasehold purchase, their role goes beyond just handling paperwork; it’s about protecting your interests. They conduct a thorough investigation into all aspects of the leasehold agreement. This careful process involves:

• Detailed Lease Review: Scrutinising every clause of the lease agreement, identifying any potentially onerous terms or hidden liabilities that could affect you in the future.

• Financial Due Diligence: Confirm any outstanding ground rent or service charge arrears that the current owner might owe, to ensure you do not inherit unexpected debts.

• Freeholder and Management Company Enquiries: Making essential enquiries of the freeholder or management company. This includes requesting service charge accounts from previous years, details of planned major works, any known disputes among residents, and information about the building’s insurance.

• Advising on Lease Length and Implications: Clearly outlining the consequences of the current lease duration, including any potential issues with securing a mortgage or resale in the future, and providing guidance on the process and costs involved in a lease extension if necessary.

• Title Investigations: Confirming the property’s title is clear and free from undisclosed encumbrances or restrictions.

Our Advice

While this blog provides a general overview, it is important to remember that each leasehold property transaction is unique. Understanding these key aspects enables you to make well-informed decisions.

If you’re considering purchasing a leasehold property and require specialised legal advice or further information about any element of conveyancing, please don’t hesitate to contact us. Our team is here to help.

What to Do When the Sole Executor Steps Aside

How to Administer an Estate

Dealing with the death of a family member is a profoundly difficult time. The emotional weight is substantial. Sadly, when there are legal complications, particularly concerning the deceased’s estate, the emotional burden grows heavier. A common source of disagreement occurs when the only executor named in a Will is unwilling or unable to carry out their duties, leaving the family in a state of uncertainty.

A Brief Recap of The Executor’s Role

First, let’s briefly revisit the essential role of an executor. An executor is the individual or individuals appointed in a Will to manage the deceased’s estate. The role includes a variety of responsibilities, such as:

1. Gathering assets: Identifying and appraising all property, cash, and possessions of the deceased.

2. Paying debts and taxes: Clearing any outstanding debts, funeral expenses, and inheritance tax.

3. Distributing assets: Ensuring that the beneficiaries receive their inheritances, and that the remaining assets are distributed according to the Will.

4. Obtaining a Grant of Probate: This is a legal document that verifies the executor’s authority to manage the estate.

It’s a substantial task that requires time, effort, and often a solid grasp of legal and financial issues.

When the Sole Executor Says “No”

So, what happens if the only executor named in the Will declines to act? Common reasons include:

1. Feeling overwhelmed or just short on time;

2. Emotional distress is hindering their ability to perform the role.

3. Existing family disagreements; or

4. Lack of mental or physical capacity.

Importantly, nobody can compel an executor to accept the role. Although it is a serious duty, they have the right to “renounce” their executorship. Renunciation involves formally relinquishing the right to act as executor. Renouncing an executorship must be in writing and is generally irrevocable.

What are the Alternatives When There’s No Backup?

In situations where there is no backup, it becomes complicated. If the sole executor renounces and the Will does not name alternative executors, the estate effectively becomes “intestate” for administration. The fact that there is a valid Will does not affect this. In such cases, the law specifies who can apply to administer the estate. This process is known as applying for a “Grant of Letters of Administration (with Will Annexed).”

The order of priority for who can apply is generally as follows:

1. The residuary legatee or devisee (or any trustee of the residuary estate) is simply the person or people who inherit whatever is left of the estate after all the specific gifts have been given out.

2. This includes any other legatees or devisees, as well as creditors of the deceased, such as those who receive specific gifts under the Will or are owed money by the deceased.

3. Any other person who would have been entitled to a Grant of Letters of Administration if there had been no Will. This refers to the order of priority under intestacy rules, which generally prioritise spouses, civil partners, and then children.

Grant of Letters of Administration (with Will Annexed)

The individual or individuals wishing to administer the estate in this situation must apply to the Probate Registry for a Grant of Letters of Administration (with Will Annexe). The process involves:

• Filling out specific forms that require detailed information about the deceased, the estate, and the applicants.

• Swearing an oath, where the applicants confirm their relationship to the deceased and their intention to administer the estate properly.

• Submit the original Will alongside the application.

It’s important to emphasise that the court must be convinced of the applicant’s suitability and ability to fulfil the duties.

“Passing Over” an Executor

In more complex or contentious cases, or if the named executor is refusing to act but has not formally renounced, it may be necessary to apply to the High Court to “pass over” the executor. This is a more complicated legal process in which the court effectively removes the executor’s authority to act and appoints someone else. It is usually a last resort and requires clear justification, such as:

• Unreasonable delay by the executor;

• Concerns regarding the executor’s honesty, capacity, or suitability to properly manage the estate (such as misconduct or inability); or

• A conflict of interest occurs when the executor’s personal interests clash with their responsibilities to the beneficiaries.

• The court will always prioritise the proper administration of the estate and the best interests of the beneficiaries.

Our Advice

Dealing with the death of a family member is difficult enough without the added challenge of an uncooperative executor. Although the situation can be overwhelming, there are clear legal options to ensure the deceased’s estate is managed properly. Understanding these options and, crucially, seeking professional legal advice will help guide you through these difficult circumstances and allow the family to focus on grieving and remembering their loved one. If you need further information about what we have discussed here or about any Wills, trusts, or probate matters, please don’t hesitate to contact us. We’re here to help.

Navigating the New Shared Ownership Code

What You Need to Know

Shared ownership has long been a vital stepping stone onto the property ladder for many in the UK. However, the journey for shared owners has, at times, been complex. Acknowledging this, the Shared Ownership Council, a cross-industry initiative, recently launched a new, comprehensive Shared Ownership Code (the Code). The code aims to enhance transparency, bolster consumer protection, and standardise best practices across the sector.

The Shared Ownership Council released a draft Code in December 2024 after extensive consultation within the industry. Subsequently, eight housing providers piloted the Code for four months to evaluate its practical application and ease of adoption.

Greater Clarity & Transparency

One of the Code’s primary objectives is to clarify the often opaque aspects of shared ownership. Previously, buyers sometimes faced unexpected costs or unclear financial commitments. The new Code addresses these issues directly.

Housing providers must now supply a detailed Service Charge Information Document (SCID). This document goes beyond a simple estimate by providing illustrative examples of how service charges may vary over time. This proactive measure aims to help buyers gain a clearer understanding of their ongoing financial commitments. Additionally, providers must present a comprehensive list of all additional charges that could arise during the product’s lifespan, excluding service charges.

Strengthened Consumer Protection

The Code also introduces strong measures to protect shared owners throughout their purchasing process and afterwards. Importantly, a 14-day cooling-off period is now required. This gives prospective buyers the opportunity to cancel their reservation and receive a full refund within two weeks of committing, allowing for essential time for reflection and careful consideration.

Moreover, the Code sets a minimum 12-month defects period from the date of purchase. This offers buyers reassurance regarding the property’s condition and recourse for any issues that arise shortly after moving in. There is also an expressed aim to extend this period to 24 months in the future, further boosting buyer confidence.

Improved Support for Shared Owners

Beyond the initial purchase, the Code emphasises the need for ongoing support for shared owners. Housing providers are now expected to ensure their staff receive comprehensive training to guide and assist customers effectively. This commitment aims to provide clear explanations of the shared ownership product and address any queries or concerns.

Proactive communication is also covered. Shared owners will receive notifications when their lease term drops below 90 years or will be regularly reminded to check their remaining lease term. This helps them avoid potential issues linked to a short lease. Importantly, housing providers must also publish clear policies outlining support for shared owners facing financial hardship, offering solutions such as repayment plans or options for buy-backs or downward staircasing.

A Step Towards Industry-Wide Consistency

While voluntary, the Code stresses transparency and fairness, aligning with the recent Social Housing (Regulation) Act 2023. It has gained significant support from leading industry organisations, including the Chartered Institute of Housing and the National Housing Federation.

For those considering shared ownership, the new Code provides greater reassurance. It offers increased transparency, stronger protections for consumers, and improved ongoing support. Meanwhile, in anticipation of widespread adoption, the Council will appoint an operator to oversee its implementation.

If you have any questions about the Code, shared ownership, or purchasing property in general, please feel free to contact us. We’re here to help.

Navigating Inheritance for Blended Families

Key Considerations

Blended families are becoming increasingly common, presenting unique estate planning challenges, especially when children from previous relationships are involved. If you’ve remarried or entered a new partnership, careful planning is crucial to ensure that your assets pass fairly and smoothly to all your loved ones. According to the 2021 ONS census, 1.1 million UK children live in stepfamilies, highlighting the importance of expert legal advice and clear communication to respect your wishes and provide for everyone.

Common Challenges

Balancing the needs of family members and avoiding conflicts is a key challenge. Common issues include:

Unequal Inheritances: Fair distribution among biological children, stepchildren, and a new spouse can be a complex issue.

Ex-Spouse Claims: Former spouses may have financial claims; therefore, seeking legal advice is advisable. 

Conflicting Priorities: A surviving spouse’s ideas on asset use might conflict with the interests of children from previous relationships.

Intestacy Laws: Dying without a Will triggers intestacy rules, which often don’t suit blended families. While surviving spouses or civil partners have rights under the Inheritance (Provision for Family and Dependants) Act 1975, stepchildren typically don’t inherit unless they are adopted or financially dependent. 

Updating or Making Your Will

To protect your loved ones, update your Will regularly. Remarrying or entering a civil partnership automatically revokes your existing Will, potentially leaving assets to unintended beneficiaries. Without a valid Will, cohabiting partners have no automatic inheritance rights, regardless of their living arrangements or whether they have children. Review, update, or create a Will to clearly specify your beneficiaries. 

Tailoring Your Will

Although there’s no single solution for blended families, various strategies can help ensure fair asset division.

Simple Cash Division: If your estate exceeds the family home’s value, you might divide the remaining assets between your surviving spouse and children from a previous marriage. Alternatively, leave the house to your spouse and other assets to your children, allowing your spouse to keep the property.

Life Interest Trusts: This trust allows your spouse to reside in the family home and benefit from income generated by other trust assets after your death. They cannot sell or transfer the property, and children inherit the capital when your spouse passes away. The main concern is that children might have to wait many years for their inheritance.

Discretionary Trusts: This flexible approach allows trustees to decide when and how to distribute income or capital, adapting to changing circumstances. For example, they might withhold assets from a remarried spouse or fund a child’s education. Beneficiaries may not receive equal shares, but the aim is a fair distribution. It’s essential to select trustees carefully and include a letter of wishes.

Owning Your Home as Tenants in Common

Holding property as tenants in common (not joint tenancy) can benefit blended families. Unlike joint tenancy, which automatically passes the property to your spouse (‘sideways inheritance’), tenants in common allow you to specify your shares and designate beneficiaries, such as children from previous relationships. A lawyer can help you change your ownership arrangement. 

Tax Implications

Consider the tax effects of asset division. An English-domiciled surviving spouse is an exempt beneficiary for Inheritance Tax (IHT). However, children are not. If children receive more than the £325,000 tax-free allowance plus the £175,000 residence nil rate band, 40% IHT may be payable on the excess. While tax should not be the only consideration, its impact can be significant. Appointing impartial executors and trustees, possibly a professional solicitor, helps to manage the estate and trusts fairly, especially when conflicts may arise. 

Our Advice

Blended families require careful and thorough estate planning. By updating your Will, honestly discussing your plans with your family, and seeking expert advice, you can ensure your wishes are honoured and your loved ones are looked after. Please contact us if you need further information or advice about making a Will or estate planning in general. We are here to help.

Gifting Your Home?

Understand the Tax Traps

Parents often consider gifting their home to their children during their lifetime. They hope to manage their estate and reduce future tax bills. However, this seemingly generous act involves complex tax implications, especially for Inheritance Tax (IHT) and Capital Gains Tax (CGT). Understanding these nuances is crucial to avoid unforeseen financial burdens for everyone involved.

The Inheritance Tax Minefield

When parents gift their home but continue to live in it, they often fall under the “Gift with Reservation of Benefit” (GROB) rule. The GROB rule is a key anti-avoidance measure from HMRC.

What is a GROB?

If you gift an asset but still benefit from it, HMRC treats the gift as if it never truly happened for IHT purposes. For a family home, this means that the property’s full value will still be considered part of the parents’ estate upon their death. This calculation applies regardless of how long ago the gift occurred, completely negating any IHT planning.

Can you avoid it?

One potential option for children to avoid the GROB rule while their parent continues living in the home is to pay a full market rent to their parents.  This rent must be genuine, commercially realistic, regularly reviewed, and adequately documented. The significant downside is that the children, as new owners, will be liable for income tax on this rental income. They also assume landlord responsibilities, such as gas safety checks and other maintenance tasks.

The Seven-Year Rule (for other gifts)

For gifts not subject to GROB rules (genuine outright gifts where the giver gives up all benefit), the “Potentially Exempt Transfer” (PET) rule applies. If the giver survives for seven years after making the PET, the gift becomes entirely IHT-exempt. If they die within seven years, the gift may become taxable. A tapering reduction in the tax rate applies if death occurs between three and seven years after an individual makes the gift. Importantly, the seven-year rule does not apply if GROB rules are engaged.

Capital Gains Tax

While parents might aim to avoid IHT, their children could face a significant CGT bill when they eventually sell the property. This scenario is especially true if the home was not the children’s principal private residence.

Principal Private Residence (PPR) Relief

Usually, selling your only or main home means any gain is exempt from CGT under Principal Private Residence (PPR) Relief. However, when parents gift their home to children, and the children do not live there as their primary residence, this relief typically doesn’t apply to the children’s later sale.

The Problem

For CGT purposes, the “gain” is the difference between the property’s market value when gifted to the children and its eventual sale price. If the property’s value significantly increases over the years the parent lives there (which is not uncommon), this gain can be substantial. Consequently, the children, as legal owners, become liable for CGT on this profit.

The ‘Trust’ Exception for PPR Relief

There is a less common but vital exception for PPR relief, especially when a property is gifted but a parent continues to live there: holding the property in a trust.

In certain circumstances, if a trust holds a property, and a beneficiary (such as a parent) has the right to occupy it as their primary residence under the trust’s terms, the trustees can claim PPR relief when they sell the property. This arrangement differs crucially from outright personal ownership. Key points to note include:

1. Types of Trusts

PPR relief applies to certain trusts. These trusts include “express trusts” (deliberately created, usually in writing, with clear intentions) or even “implied trusts” (which arise through legal principles, for example, based on financial contributions or shared intentions, even without formal documents).

2. Time Limit

Importantly, for PPR relief to apply in a trust context, the trustees must submit a claim to HMRC within four years of the end of the tax year when they sold the property. Failing to claim within four years from the end of the tax year of the sale typically means HMRC will reject it, regardless of the claim’s underlying validity.

Furthermore, trustees must actively claim PPR relief. This situation differs from individual owners, who often receive PPR relief automatically.

3. Evidencing the Trust

It’s vital to be able to prove a trust’s existence, especially an implied one. Possible evidence includes letters or the original solicitor’s paperwork from the transfer of the gift, which would show the parents’ continued right to occupy.

Other Important Considerations

Gifting your home is a significant decision with broader implications than just IHT and CGT. Consider these points:

1. Loss of Ownership

Once gifted, parents no longer own the property. They lose control over it. The property could also be at risk if the children face financial difficulties, divorce, or if family relationships deteriorate.

2. Care Home Fees

Local authorities can (and do) challenge gifts explicitly made to avoid care home fees under “deprivation of assets” rules.

3. Stamp Duty Land Tax

An outright gift with no money changing hands generally doesn’t trigger Stamp Duty Land Tax (SDLT). However, if children take over an outstanding mortgage or make a financial contribution, SDLT may be applicable. 

Our Advice

The complexities of gifting property to children highlight the absolute need for specialist legal and tax advice before any transfer happens. Relying on assumptions or incomplete information can lead to significant, unexpected tax liabilities and legal issues. A qualified legal professional and tax advisor can assess your specific situation, explain the intricate rules, and help structure the transaction in the most tax-efficient and legally sound way.

If you need advice or further information about gifting or other estate planning matters, such as wills or trusts, please don’t hesitate to contact us. We’re here to help.

Navigating A Remortgage

When to Bring in Legal Expertise

Remortgaging your home can be a smart financial move, potentially securing a better interest rate, releasing equity, or changing your mortgage terms. However, as you explore your options, a question we are often asked is: Do you need to engage a lawyer for this process?

The short answer is that it depends on your circumstances; however, in most cases, a lawyer is indeed essential. You will almost certainly need a legal professional if you are:

Switching Lenders

This is the most common scenario. When you transfer your mortgage from one bank or building society to another, the new lender requires legal checks to ensure that your property provides sufficient security for their loan. Your lawyer will oversee the transfer of the legal charge on your property.

Changing Property Ownership (Transfer of Equity)

If you’re adding or removing someone from the mortgage and the property deeds (e.g., due to marriage, divorce, or a new partner), it is essential to consult a lawyer to amend the legal ownership.

Releasing Equity

Suppose your remortgage involves borrowing a larger sum against the value of your property. In that case, legal processes are necessary to ensure that the new loan is secured and complies with relevant regulations.

Dealing with Leasehold Properties

Leasehold properties entail further complexities regarding ground rent, service charges, and lease terms. All of these necessitate a solicitor’s expertise.

Complexities or Uncertainties

Any issues with the property title, boundary disputes, or unusual circumstances surrounding your property will necessitate the advice of a lawyer.

When You Might Not Need a Lawyer

There are a couple of situations where you might not need a legal professional:

Product Transfer with Your Current Lender

If you’re simply staying with your existing lender but switching to a new mortgage rate or deal (e.g., moving from a fixed rate to another fixed rate with the same provider), this is often just an administrative adjustment. Your lender usually handles this internally, and it typically doesn’t involve new legal work.

Borrowing More from Your Current Lender (Further Advance)

If you are borrowing additional funds against your current mortgage agreement with the same lender, without altering the fundamental terms or ownership, legal work may not be required.

Even in these “no lawyer needed” scenarios, it can still be beneficial to consult one. They can offer valuable expertise, review the terms, and ensure your interests remain protected.

The Remortgage Process

Once you have established you need legal advice for your remortgage, the process begins with anti-money laundering checks to verify your identity. Next, your lawyer will contact your existing lender to obtain your current mortgage details and a redemption statement. This confirms the outstanding balance and any early repayment charges that may apply. For leasehold properties, your lawyer will carefully examine the lease terms to ensure they comply with the new lender’s requirements.

Once your new lender issues a formal mortgage offer (after valuation), the next stage is to review the terms and conditions. Some new lenders may request property searches to identify any potential issues. These are similar to those conducted when you first purchased the property. In some cases, a quicker search indemnity policy can be implemented instead.

Your lawyer then prepares the new mortgage deed for your signature and conducts bankruptcy searches to satisfy the new lender’s requirements. On the completion day, mortgage funds are requested from your new lender and used to pay off your old mortgage. Finally, your lawyer will register the new mortgage with the Land Registry, updating the legal title for your home.

Timescales

A standard remortgage can take between four and eight weeks from the time you apply. However, this can vary depending on several factors:

• Some lenders are quicker than others.

• If the property is leasehold, or there are issues with the title, or complicated ownership structures, these can prolong the process.

• Being proactive or responding quickly by providing documents and information to the legal team and lender can positively impact the timeline.

• Using a reputable mortgage broker can expedite the process by helping you find the right deal and manage the application.

If your current fixed-term mortgage is nearing its end, it’s a good idea to start the remortgage process about 12 weeks before it expires. This will help you avoid your lender automatically switching you to their potentially higher Standard Variable Rate (SVR).

Our Advice

Some straightforward product transfers may not require legal assistance. However, enlisting the services of a legal professional is generally a wise move for most remortgages. If you need support or advice regarding the remortgaging process, please don’t hesitate to contact us. We’re here to help.

Don’t Let Your LPAs Gather Dust

Why Regular Reviews are Crucial

You’ve made a responsible decision. You’ve planned for the future by creating a Lasting Power of Attorney (LPA) – or perhaps an Enduring Power of Attorney (EPA) if it was set up before October 2007. These vital legal documents allow you to appoint trusted individuals (your Attorneys) to make decisions on your behalf should you ever lose the mental capacity to do so. Importantly, this applies to both a Property and Financial Affairs LPA/EPA and a Health and Welfare LPA.

But once they’re signed and registered, is that the end of it? Not quite. Just like a Will, LPAs aren’t something you set aside and forget. Regular reviews are essential to ensure they remain effective, truly reflect your wishes, and provide the best possible protection.

Why is an LPA Review So Important?

Several key factors can impact the ongoing suitability of your LPA(s):

Legal Landscape

The law isn’t static. Over time, legal guidance and best practices surrounding LPAs have evolved. A review ensures your document(s) align with current requirements and provide the best possible protection.

Personal Circumstances

Life happens. Your financial circumstances may change, you may acquire new assets, or your relationships with family and friends may alter. What was appropriate when you created your LPAs may no longer be the case. For example, you might have different preferences regarding how your property and financial affairs are managed, or who should make decisions about your health and welfare.

Changes Affecting Your Attorneys

The individuals you selected as your Attorneys are central to your LPA. It is essential to consider their circumstances as well:

• Do your chosen Attorneys still have the mental capacity to make important decisions on your behalf?
• Are they still willing and able to take on the responsibility?
• Has your relationship with them changed in a way that might make them less suitable?
• Sadly, an Attorney may pass away. If your LPA doesn’t account for this, it could lead to complications.
• If an Attorney moves abroad, it might become impractical for them to act effectively.

Trust & Relationship Changes

Relationships can, unfortunately, break down. If your trust in an Attorney has diminished, it’s vital to address this to protect your interests.

Maintaining Flexibility and Adaptability

Your LPA must be sufficiently robust to handle unforeseen circumstances. A review enables you to ensure it remains flexible and adaptable to various situations that may arise.

Protection from Fraud

While LPAs are intended to protect you, reviewing them ensures they remain as secure as possible and reduces potential vulnerabilities to fraud, particularly if an Attorney’s circumstances have changed.

Protection for Your Loved Ones

An outdated or ineffective LPA can cause considerable stress and tough decisions for your family if they must step in without clear guidance. Regular reviews help to ease this process.

Peace of Mind

Ultimately, ensuring your LPA is current, legally valid, and accurately reflects your true wishes offers invaluable peace of mind for you and your family. 

What Happens During an LPA Review?

A review does not necessarily entail drafting completely new documents. It presents an opportunity to:

1. Confirm that your selected Attorneys remain the most suitable individuals.
2. Ensure that your instructions and preferences remain relevant for both your Property and Financial Affairs and your Health and Welfare.
3. Ensure the LPA(s) remain both legally sound and effective.
4. Discuss any changes in your personal or financial circumstances that could affect their operation.
5. Consider any new wishes you might have concerning your future care or financial management.

Our Advice

Think of your LPAs as living documents. Your Lasting Power of Attorney(s) are powerful instruments. They safeguard you and your future. By taking the time to review them periodically, you ensure they continue to fulfil their intended purpose, providing peace of mind for both you and your loved ones.

If you have existing LPA(s) or an EPA and would like to discuss their suitability, or if you are considering establishing one, please do not hesitate to contact our specialist team. We’re here to help.

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