Start the Year Right: Protecting Your Loved Ones with a Will and Lasting Powers of Attorney

A new year, peace of mind: why making or reviewing your will matters more than ever

The start of a new year is often a time for reflection. Many of us take stock of what is important, make plans for the future and look for ways to improve our lives and protect the people we care about most. While it may not be at the top of everyone’s list, this is also a natural time to think about putting a Will in place or reviewing an existing one.

As consumer finance expert Martin Lewis has said on the website moneysavingexpert:

“Making a Will is the most important preparation any of us can make, even if you're perfectly healthy.”

A Will is not just about later life planning. It is about certainty, control and peace of mind, whatever your age or circumstances.

Having clear plans in place can provide reassurance, reduce uncertainty and help ensure that your loved ones are properly cared for when the time comes.

Why having a Will in place is so important

Having a valid, up-to-date Will ensures that your estate is passed on in accordance with your wishes. It allows you to decide who benefits, in what shares, and at what time. Importantly, it can also reduce the risk of disputes arising between family members and help ensure that your estate is dealt with efficiently.

For those left behind, a Will can provide clarity at what is often a difficult time. Knowing exactly what your wishes were can be a great comfort and can help avoid unnecessary stress or disagreement.

What happens if you don’t have a Will?

If you die without a Will, your estate will be distributed according to the Rules of Intestacy. These rules are strict and do not take into account personal relationships or intentions.

For example, co-habiting partners and stepchildren do not automatically inherit under the intestacy rules. Even where there is a surviving spouse and children, the estate may be divided in a way you would not have intended. This can lead to disappointment, financial difficulty and, in some cases, family conflict.

Making a Will ensures that the people you wish to provide for are protected.

Contested Wills: a growing issue

Disputes over estates are becoming increasingly common. The number of contentious probate cases reaching the courts has increased significantly, highlighting how often families are left dealing with conflict after a death.

Wills may be challenged for a variety of reasons, including concerns about capacity, undue influence, errors in drafting, or a failure to make reasonable provision for certain family members. Many of these issues can be avoided by ensuring that a Will is professionally prepared and clearly reflects your wishes.

When should you review your Will?

Even if you already have a Will, it is important to review it regularly. As a general guide, Wills should be reviewed every three to five years, or sooner if there has been a significant change in circumstances, such as:

• Marriage or civil partnership (which can invalidate an existing Will unless it was made in contemplation of that marriage)
• Divorce or separation
• The birth of a child or grandchild
• Changes in financial circumstances
• The death of an executor or beneficiary.

Family structures can change over time, particularly in blended families, and a review can ensure that your Will continues to protect your intentions and your assets.

What should you think about when making or updating a Will?

When making a Will, it is important to consider:

• Who you want to benefit from your estate
• Who you wish to appoint as executors
• Guardianship arrangements for children
• How assets should be protected for future generations
• Any inheritance tax planning considerations.

Inheritance law can be complex, and even small errors or ambiguities can have serious consequences. A bespoke Will, tailored to your individual circumstances, helps ensure clarity and reduces the risk of future disputes.

Lasting Powers of Attorney: Planning beyond your Will

Estate planning is not only about what happens after death. Lasting Powers of Attorney (LPAs) allow you to plan for a time when you may be unable to make decisions for yourself.

There are two types of LPA:

• Property and Financial Affairs, which covers matters such as management of bank accounts, property and bills
• Health and Welfare, which relates to medical treatment and care decisions.

Without LPAs in place, loved ones may need to apply to the Court of Protection to manage your affairs, which can be time-consuming, costly and stressful. Organisations such as the Law Society consistently emphasise the importance of LPAs as part of responsible future planning.

Reform of Wills law: looking to the future

The law governing Wills has remained largely unchanged since the Wills Act 1837. Recognising that society, technology and family life have evolved significantly, the Law Commission has recently published recommendations to modernise this area of law.

The proposals aim to give people greater control over their estate, make Will-writing safer, and make the law clearer and easier to understand. They include lowering the minimum age from 18 to 16 to make a Will, giving courts greater flexibility where a person’s wishes are clear, removing the automatic revocation of a Will on marriage, strengthening protections against undue influence, and introducing electronic Wills subject to strict safeguards.

These proposals are not yet law, but they signal important changes ahead.

Why professional advice matters

The proposed reforms underline just how important it is to take professional advice when making or reviewing a Will.

Changes such as increased court discretion, electronic Wills and greater focus on undue influence will inevitably add layers of complexity to this area of law. While these developments are designed to increase flexibility and protection, they also reinforce the need for Wills to be carefully drafted, properly recorded and supported by clear evidence of intention.

Online or DIY Wills often fail to account for individual circumstances, evolving family structures or changes in the law. Errors or omissions can leave Wills open to challenge, particularly in an environment where courts may be asked to scrutinise capacity, influence and intention more closely.

At JNP Legal, we are proud to be accredited under the Law Society’s Wills and Inheritance Quality Scheme (WIQS), a prestigious quality mark recognising best practice in Wills and estate administration advice. We are one of only a very small number of solicitors in the South Wales area to hold this accreditation.

WIQS accreditation reflects our unwavering commitment to the highest standards of service, transparency and professionalism. It provides reassurance that our clients’ interests are prioritised at every stage of their lifetime planning, and that their legal matters are handled by a trusted firm that has met the rigorous quality benchmarks set by the Law Society.

Our advice is further strengthened by the fact that the writer is a full TEP member of STEP, the global professional body with over 22,000 members, including lawyers, accountants, trustees and other practitioners dedicated to helping families plan for their futures.

By instructing an experienced Wills solicitor, you can be confident that your Will reflects your wishes, complies with current legal requirements and is robust enough to stand up to future change.

Our Lifetime Planning team keeps developments in Wills law under close review. We actively monitor reform proposals and their implications so that our advice remains current, compliant and tailored to our clients’ needs, both now and in the future.

Start the year with peace of mind

The new year is an opportunity to plan ahead and put the right safeguards in place. Whether you are making your first Will, reviewing an existing one, or considering Lasting Powers of Attorney, taking action now can provide reassurance for you and clarity for your loved ones.

What this means for you

• A professionally drafted Will gives you control and reduces the risk of disputes
• Regular reviews ensure your Will keeps pace with life changes and legal reform
• LPAs protect you during your lifetime, not just after death
• Proposed law changes make expert advice more important than ever
• At JNP Legal, we stay ahead of developments so you can plan with confidence.

If you would like advice on making or reviewing a Will, or on Lasting Powers of Attorney, our Lifetime Planning team will be happy to help.

Contact us today to learn how our team can support you through making or reviewing your Will.