The Hidden Risks of Ignoring or Mishandling Your Will and LPA — And How to Avoid Them
Many people delay sorting their Will or Lasting Power of Attorney (LPA), thinking it’s something for later in life. Others think a DIY job will do the trick. Sadly, both approaches can lead to confusion, conflict, and cost down the line. Here’s a look at the common problems — and how to avoid them.
Problems When a Lasting Power of Attorney (LPA) is Absent or Incorrect
Problem: Family cannot make decisions legally. Solution: Create a registered LPA early, while you’re still able. It gives trusted people legal authority when needed.
Problem: Delay and expense of applying to the Court of Protection. Solution: An LPA is far quicker and cheaper than a Deputyship order — avoid delays and legal fees by acting now.
Problem: Your care preferences may be ignored. Solution: A Health & Welfare LPA lets you express your wishes and appoint someone to speak for you.
Problem: Bills can’t be paid, finances unmanaged. Solution: A Property & Financial Affairs LPA gives your chosen attorney legal power to keep things running smoothly.
Problem: Banks may freeze accounts, including joint ones. Solution: A registered LPA reassures banks and prevents unnecessary freezes.
Problem: Disagreements within the family. Solution: A clearly appointed attorney prevents arguments over who should do what.
Problem: More expensive in the long run. Solution: Getting an LPA done professionally now is far cheaper than the costs of a crisis later.
Problem: Risk of exploitation. Solution: With a trusted attorney in place, you’re protected from opportunists.
Problem: Business interests left unmanaged. Solution: A business-specific LPA can keep operations running if you’re temporarily unable.
Problem: A court or stranger may end up making decisions. Solution: Appoint someone you trust while you can — don’t leave it to chance.
Problems When a Will is Absent or Incorrect
Problem: No control over who inherits. Solution: A valid Will ensures your estate goes to the people and causes you choose.
Problem: Unmarried partners left with nothing. Solution: Include them in your Will to provide legal recognition and protection.
Problem: Family disputes and confusion. Solution: A clear Will avoids conflict and gives clarity during a difficult time.
Problem: Estranged or unwanted heirs may inherit. Solution: A Will lets you exclude certain individuals, if necessary.
Problem: Children inherit at 18, potentially unwisely. Solution: Use trusts in your Will to delay inheritance until an appropriate age.
Problem: No guardianship appointment. Solution: Name guardians in your Will so your children are raised by the people you choose.
Problem: Inheritance Tax bills could be higher. Solution: Professional estate planning can reduce or eliminate unnecessary IHT.
Problem: Business ownership becomes unclear. Solution: Make sure your Will covers succession plans for business assets.
Problem: Will is invalid due to poor signing or witnessing. Solution: Use a professional to ensure your Will is correctly executed.
Problem: Will is out of date. Solution: Review it every few years or after any big life change. Codicils can be used for small updates.
Problem: Will lost or damaged or used as a rest while writing or marked or written on. Most likely invalid.
Final Thoughts
Wills and LPAs are more than just paperwork — they are acts of care, clarity, and control. A conversation today can save your family stress and uncertainty tomorrow.
If you’d like expert help that’s clear, kind, and cost-effective:
Stephen Pett CmpnSWW, AffSTEP, DMS
steve@theprofessionalwillwriter.co.uk
01323 766766
5 Malcolm Gardens, Polegate, BN26 6PN
Professional guidance needn’t be expensive — but peace of mind is priceless.
Nice!
Any comments Toby:
The Hidden Risks of Ignoring or Mishandling Your Will and LPA — And How to Avoid Them
Many people delay sorting their Will or Lasting Power of Attorney (LPA), thinking it’s something for later in life. Others think a DIY job will do the trick. Sadly, both approaches can lead to confusion, conflict, and cost down the line. Here’s a look at the common problems — and how to avoid them.
Always bear in mind:
a) children become legal adults on their 18th birthday, and without planning, the Court of Protection is now their guardian if things go wrong.
b) Unmarried couples are legally 2 single people.
c) Blended families are a nightmare for inheritance problems
d) All legal planning should be briefly reviewed every 3 years or if significant changes take place. Why? Tax changes, the Law changes and Family circumstances change.
e) Tomorrow is never guaranteed.
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Problems When Lasting Powers of Attorney (LPA) is Absent or Incorrect
Problem: Family cannot make decisions legally. Solution: Create a registered LPA early, while you’re still able, because tomorrow you might not be. It gives trusted people legal authority when needed. But it MUST be registered, or it could be rejected when it is needed.
Problem: Delay and expense of applying to the Court of Protection. Solution: An LPA is far quicker and cheaper than a Deputyship order — avoid delays and legal fees by acting now.
Problem: Your care preferences may be ignored. Solution: A Health & Welfare LPA lets you express your wishes and appoint someone (or several) to speak for you.
Problem: Bills can’t be paid, finances unmanaged. Solution: A Property & Financial Affairs LPA gives your chosen attorney/ attorneys legal power to keep things running smoothly.
Problem: don’t really trust the family? I can solve that one!
Problem: Banks may freeze accounts, including joint ones. Solution: A registered LPA reassures banks and prevents unnecessary freezes. A family I new suffered from having no cash whatever for 3 months when one was admitted to a Nursing Home and the bank insisted they be brought in for an interview – in an ambulance. I was able to get LPAs sorted out as they still had “mental competence” – they just needed a hoist which few care homes have.
Problem: Disagreements within the family. Solution: Clearly appointed attorneys prevent arguments over who should do what and you can make your wishes clear in advance.
Problem: you can make a pair of LPAs for £164. Solution: Getting an LPA done professionally now is far cheaper than the costs of a crisis later. The chances are that my experience with make the LPAs far more useful than one written by a layman, and it is far less likely to be rejected.
Problem: Risk of exploitation. Solution: With a trusted attorney in place, there is much greater protection from opportunists.
Problem: Business interests left unmanaged. Solution: A business-specific LPA can keep operations running if you’re temporarily unable. Staff like to be paid, as does HMRC!
Problem: A court or unknow or distant solicitor may end up making decisions if you don’t get around to making LPAs. Solution: Appoint people you trust while you can — don’t leave it to chance.
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Problems When a Will is Absent or Incorrect
Blended Families: usually what happens is when one partner dies, the other inherits everything and may well leave it to their own children rather than a fair split between both sides of what was the family. Solution: special Wills which look after the survivor, but ultimately lead to a fair distribution of assets.
Problem: Marriage cancels any Will made previously – far more of an immediate concern if you had kids, as in most cases, they are automatically disinherited in favour of the new spouse/ civil partner. See blended families.
Problem: No Will, no control over who inherits. The Law decides irrespective of need. Solution: A valid Will ensures your estate goes to the people and causes you choose.
Problem: Unmarried partners may be left with nothing. Solution: Include them in your Will to provide legal recognition and protection but with fairness.
Problem: Family disputes and confusion. Solution: A clear and well written Will avoids conflict and gives clarity during a difficult time.
Problem: Estranged or unwanted heirs may inherit. Solution: A Will lets you exclude certain individuals, if necessary, though it has to be done carefully.
Problem: Children inherit at 18, potentially unwisely. Solution: Use trusts in your Will to delay inheritance until an appropriate age.
Problem: No guardianship appointment so Social Services may rehome children if no one with Parental Responsibility is available. Quite often fathers are left off birth certificates so don’t have Parental Responsibility automatically – check! Solution: Name guardians in your Will so your children are raised by the people you choose.
Problem: Inheritance Tax bills could be higher. Solution: Professional estate planning can reduce or eliminate unnecessary IHT. Most older Wills fail in this respect as David Cameron’s additional Property disregard requires the property to be left to qualifying relatives. If it is just part of the estate rather than being dealt with on its own, up to £140,000 of unnecessary IHT could be paid.
Problem: Business ownership becomes unclear. Solution: Make sure your Will covers succession plans for business assets. Don’t leave a business which won’t survive and will just be a burden.
Problem: Will is invalid due to poor signing or witnessing. Solution: Use a professional to ensure your Will is correctly executed. These issues are surprising common, so check yours to ensure it is signed by you in the presence of two non-beneficiary witnesses who can be clearly identified by name and address.
Problem: Will is out of date. Solution: Review it every three years or so or after any big life change. Codicils can be used for small updates but are not ideal.
________________________________________
Final Thoughts
Wills and LPAs are more than just paperwork — they are acts of loving care, clarity, and control. A conversation today can save your family stress and uncertainty tomorrow.
If you’d like expert help that’s clear, kind, and cost-effective:
Stephen Pett CmpnSWW, AffSTEP, DMS
steve@theprofessionalwillwriter.co.uk
01323 766766
5 Malcolm Gardens, Polegate, BN26 6PN
Professional guidance needn’t be expensive — but peace of mind is priceless.