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Five tips for End-of-Life Planning

12 March 2020

Family 06

End-of-life planning is more than writing a Will. Five things that protect your family long after you are gone.

Written by
  • Natasha Jones TEP Natasha Jones TEP Director of Estate Planning

End-of-life planning is more than writing a Will. It is about making your final wishes clear and protecting your loved ones long after you have gone - perhaps for generations to come. Planning ahead reduces stress, financial difficulty and family fallout at a time of bereavement.

1. Name guardians in your Will

If you have children under 18, arguably the most important reason to write a Will is to name guardians. Without named guardians, your children could end up in temporary Local Authority care during legal proceedings, and the person chosen to assume parental responsibility for your children may have parenting values that differ from yours.

2. Arrange a Health and Welfare Lasting Power of Attorney (LPA)

If you were incapacitated, who would decide your care, your treatment, even where you live? Without a Health and Welfare LPA the answer is professionals acting on a 'best interests' basis - your family has no automatic say, and the courts rarely grant welfare deputyships after the event. The only time you can choose is before it is needed.

3. Arrange a Property and Financial Affairs Lasting Power of Attorney (LPA)

Make sure a Property and Financial Affairs LPA is in place. Without one, nobody - not even a spouse - has automatic authority over their accounts. The only route is a Court of Protection deputyship: typically six months to a year to obtain, court fees and professional costs that commonly run into the thousands, an annual supervision regime after that - and the court, not your family, chooses the deputy. An LPA, made in advance, avoids all of it.

4. Consider a Will Trust

Did you know your children could lose out on their inheritance if your surviving partner remarried? Or simply because your surviving partner changes their Will? Or that a child might lose half their inheritance in a divorce? A Will Trust can protect future generations from events like these, while giving far greater flexibility in how you provide support. Our guide to Trusts covers the common questions.

5. Plan the handover, not just the documents

Writing a Will is a start, but a Will that nobody can act on still fails your family. Recording where everything is, and who needs to know what, is what makes an estate settle smoothly. Every Kinherit plan includes the digital handover through Kinvault, our sister company - it is built into the plan, not a separate product.

Key takeaways

  • Guardianship, both LPAs, and the handover matter as much as the Will itself
  • A Will Trust can protect inheritance generationally from remarriage and divorce
  • Review the whole plan after any major life event, or at the very least every few years

Speak to one of our STEP-qualified estate planners for a complimentary, no-obligation consultation.

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