Imagine | Winter 2025
A digital magazine from Irwin Mitchell
Imagine | Winter 2025 A digital magazine from Irwin Mitchell
Imagine | Winter 2025
A digital magazine from Irwin Mitchell
Wills
Updating your Will after serious injury
Wills
Updating your Will after serious injury
A life-changing event like a serious injury can put into perspective the importance of organising your legal affairs.
Ensuring everything is in order is crucial for safeguarding your future and providing peace of mind for you and your family. Two key components of this process are:
Here are some key things you need to think about along the way.
Wills
A Will is a legal document that outlines your wishes for distributing your assets and caring for your children (if they are under 18) after your death.
It allows you to:
- Say how your assets will be distributed: Without a Will, your assets will be distributed according to the laws of intestacy, which may not align with your wishes.
- Decide who will look after your children: A Will allows you to appoint a guardian(s) for your minor children, ensuring they are cared for by someone you trust.
- Minimise family disputes: Clearly outlining your wishes can help prevent disputes among family members.
- Make tax efficiencies: Proper estate planning can help minimise the tax burden on your estate.
The intestacy rules are outdated and do not protect modern family structures such as co-habiting partners and blended families. Neither do they provide any protection if a beneficiary isn’t capable of managing their inheritance after age 18.
Many people feel intimidated at the thought of putting a Will in place. The process does involve some thought and possibly some slightly uncomfortable ‘what if’ discussions, but for most people it’s relatively straightforward, and you’ll feel better knowing your wishes will be respected once it’s in place.
It’s important to keep your Will under review and update it after major life events such as marriage, divorce, the birth of a child, or significant changes in your financial situation. Keeping it up to date also ensures that your Will is accurate and reflects your current wishes.
Making a Will after brain injury
A brain injury may impact you, or a loved one’s ability to make decisions. If the brain injury is so severe that your loved one no longer has mental capacity, it might be necessary to apply for a statutory Will on their behalf.
A statutory Will is made and approved by the Court of Protection on behalf of a person who lacks the mental capacity to make one themselves.
Our dedicated Court of Protection team can support you through the process of applying for a statutory Will.
Lasting Powers of Attorney (LPA)
A lasting power of attorney is a legal document that allows you to appoint someone to make decisions on your behalf if you become unable to do so. There are two types of LPA:
- Health and Welfare LPA: This allows your appointed attorney(s) to make decisions about your medical care, living arrangements and other personal welfare matters.
- Property and Financial Affairs LPA: This allows your appointed attorney(s) to manage your finances, including paying bills, managing bank accounts and selling property.
Common misconceptions about LPAs:
1
“I’m not old enough to need an LPA”
Incapacity is not only caused by age-related diseases. It could also result from an accident, illness, stroke, or heart attack. Incapacity might also be temporary, for example if a loved one is put on a ventilator for an extended period of time.
2
“I have a Will, so I don’t need an LPA.”
Your Will appoints people to deal with your affairs after your death. Before then, your chosen executors have no powers and your beneficiaries have no rights. An LPA appoints people to act for you during your lifetime if you lose physical or mental capacity.
3
“My next of kin will deal with everything.”
Without an LPA, your next of kin doesn’t have the automatic right to make decisions on your behalf, whether financial or health related. This can be distressing for families during a medical emergency.
4
“Everything is held jointly so I don’t need an LPA.”
Banks usually freeze a joint account if one party loses mental capacity. This can cause significant stress and cashflow issues. An application to the Court of Protection can take at least nine months and costs a significant amount of money.
Having both types of LPA in place is crucial and protects not only you, but also your family.
An LPA:
- Ensures your wishes are respected.
- Prevents legal complications. Without an LPA your loved ones may need to go through a lengthy and costly court process to gain authority to make decisions for you.
- Gives you peace of mind. Knowing someone you trust will manage your affairs if you’re not able to.
How to create an LPA
Creating an LPA involves completing the forms with your chosen attorney’s names, addresses and dates of birth. It’s possible to fill them in online on the Gov.uk website. An experienced solicitor can advise you on your choice of attorney and on what powers and guidance you’d like to include. They can also act as your Certificate Provider or attorney if you don’t have any suitable family or friends to appoint.
Just like a Will, it’s important to review your LPAs regularly. Changes in your personal circumstances or relationships may mean that your LPAs need updating to ensure they stay relevant and effective.
Peace of mind from having everything in order
Getting your personal affairs in order by creating a Will and establishing lasting powers of attorney is a vital step in planning for your future. It can feel even more important after a serious injury to have clarity, ensure that your wishes are respected, and to offer peace of mind to you and your loved ones.
Legal support
Our specialist Will writing team can support you through the process, making sure that your wishes are provided for, taking into account your family situation and personal circumstances.