Wills & Living Wills (Advanced Decision)

Making a will is the only way to ensure your money, property, possessions and investment go to the people and causes you care about. It is probably one of the most important documents you will ever make.

Completing a valid will brings you piece of mind and can take some of the pressure off your family and friends at a very difficult time.

Currently nearly 6 out of every 10 adults who die in the UK haven’t made a will and their estate will pass under the intestacy rules.

By preparing a will you get to decide the following issues and let the important people in your life know your wishes:

  • Executors – the person or people with authority to arrange your funeral and deal with the assets in your estate.
  • Funeral wishes – you can simply state if you wish to be buried or cremated or you can leave detailed instructions with your preferences for type of service, hymns etc. 
  • Who would look after your infant children (Guardian). 
  • Who gets your personal belongings, car, etc. 
  • Whether to include a charitable legacy. 
  • Whether to create a trust.
  • To divide your estate between whoever you wish. 

It is also important to keep your will up to date. It should be reviewed at least every 5 years to ensure it reflects new additions to the family, new relations, business changes, family disputes etc.

Advance Decision

An Advance Decision or a Living Will is a document you can make while you have mental capacity. You can make an Advance Decision to refuse certain medical treatment. This document becomes relevant if a time comes when you are unable to make or communicate your own decisions.

A formally completed Advance Decision is legally binding so health professionals are obliged to follow them. Before making an Advance Decision it’s a good idea to discuss your options with your doctor.

An Advance Decision to refuse treatment: 

  • Must be clear about the circumstances under which you wouldn’t want to receive the specified treatment
  • Can’t be used to request certain treatment
  • Can’t be used to ask for your life to be ended 

You may also want to consider putting a Health and Welfare Power of Attorney in place.

If you make an Advance Decision after setting up a Health and Welfare Power of Attorney, your attorney can’t agree to any treatment you’ve refused in the Advance Decision. 

We would be happy to welcome you to either our Liverpool or Southport office or if you would prefer, we can visit you at your home or your current place of residence we can also take initial instructions via a video call if appropriate.

If you need assistance, contact Helen Robins at [email protected]  or call 01704 617100 for a no-obligation discussion and for expert legal advice.