Too often, we hear of the distress caused to families of those who have died intestate and the many challenges people have had to face when trying to manage a loved one’s estate, as they have lost mental capacity and are unable to manage their own affairs.
The Ministry of Justice has launched a public awareness campaign aimed at encouraging members of the public to think and talk about what would happen in the event of their death, or if they lost mental capacity and needed someone to make decisions on their behalf. More specifically, it hopes to encourage the public to:
- Make a will;
- Register a Lasting Power of Attorney (LPA);
- And sign up to the organ donor register.
The campaign is aimed at those aged between 25 and 50, as research shows us that people in this age range are less inclined to think about putting secure plans in place and what the consequences might be should the unexpected happen. Many have young families that depend on them, as well other responsibilities to consider such as mortgages, which would still need to be paid in the event of their death or if they became incapacitated. The campaign also encourages this age group to talk to their parents about putting clear arrangements in place to ensure their choices count.
A May 2014 survey by Investec Wealth and Investment found that almost two thirds of UK adults don’t have a will and of those that do, almost a third are out of date as they have not been revised to take into account major life changes including marriage, children and divorce.
Whilst some simply don’t get round to it or unintentionally forget to update an existing will, the survey also reported that a shocking one in five people do not plan on writing a will at all.
Chris lost his brother Peter in 2004 to inoperable brain cancer only two weeks after he was diagnosed. It was a fear of death and reluctance to face up to mortality that prevented him from writing a will. As a consequence, and dying intestate, his second wife inherited everything and his daughter was left with nothing, much against Peter’s wishes.
“People in general do not appreciate quite how easily this very undesirable circumstance can occur. I believe that there is a tendency amongst a section of the population to be somewhat reluctant and generally uncomfortable about making a will, as this process naturally compels one to confront one’s own mortality.”
The ‘Choice Not Chance’ campaign is also encouraging people to set up a Lasting Power of Attorney (LPA). Research conducted by the Office of the Public Guardian, through IPSOS Mori, found 45 per cent of those surveyed over 45 were not aware of LPAs, but when they were told about it, around 34% were interested in setting one up at some point.
Currently over a million people across England and Wales have taken out an LPA — with a quarter of these for health and welfare and the rest for financial affairs.
A Lasting Power of Attorney can be taken out by an adult over the age of 18 who has mental capacity:
- Online: https://www.gov.uk/power-of-attorney/overview
- By phone: 0300 456 0300
- Email: customerservices@publicguardian.gsi.gov.uk
Lord Faulks QC, Minister of State for Civil Justice and Legal Policy said:
“I welcome this campaign to raise awareness of will writing and LPA. These legal instruments are crucial tools in planning for one’s future. I hope that people will take the time to sit with their loved ones, discuss their choices and make sure that things are not left to chance. Dying without a will can leave one’s family with lengthy and costly court procedures. I hope people will consider their loved ones in life and death, ensuring that all the appropriate arrangements are in place”.
For more information on the Choice not Chance campaign please follow the link: https://www.gov.uk/choicenotchance which provides the public with key information on wills and LPAs and also directly links to the Organ Donor Register.
