A living will also known as an advance directive is legally termed an advance decision to refuse treatment if you are unable to communicate your own wishes, it is a legally binding statement which details any treatments that you do or do not wish to receive in the future, such as CPR, life support, certain antibiotics and ventilation.
Contact our Award Winning Will Writing Team at Taylor Emmet Solicitors
Our friendly team of Will solicitors are on hand to help guide you through the process of making or updating your Will.
A living will enable a certain amount of control over what will happen to you if you need and want to refuse any medical treatment. It does not deal with your estate and funeral request, you will still need to make a ‘traditional’ will to deal with these issues.
Reasons to make a living will
You may have been diagnosed with a terminal or degenerative illness, or may even want to plan ahead. You will also have assurances that your wishes will be honoured by your loved ones and medical professionals which will help mitigate against any disagreements at the time of any potential treatment or care.
Without a living will, if you lack the mental or physical capacity to make a decision in the result of the living wills instructions will be acted on by the medical professionals with your family and plan the best course of action for you.
How to make a living will
Before making a living will it is especially important to discuss your intentions with professional healthcare workers and any family members or loved ones who may be impacted by the impacted as a result of your decisions. The healthcare workers will understand your medical history and will help you make a more informed decision on any treatments you may wish to refuse.
A living will to be valid you must:
- Be over the age of 18
- Be of sound mind
- Signed and written down
- Have it witnessed and signed
- A living will can be withdrawn at any time
It is often advisable to make a living will at the same time as appointing a lasting power of attorney for full peace of mind. Our expert wills and probate team can provide advice on all aspects of appointing a power of attorney and how to draw up the necessary legal documents with your living will.
Your Will
No one wants to think about life after they’ve gone but having a Will in place gives you peace of mind that if the worst did happen, your family would be provided for.
Before the Will is written up, one of our friendly team will be in touch with you to arrange an appointment with you. You can do this face-to-face or over the phone, or by e-mail. This is to learn more about you and understand what needs to go into your Will.
Drafting and updating wills
Making or updating your Will may seem daunting, but we make the process straightforward.
If you do not record of your wishes officially, the rules of intestacy will decide how your assets are allocated. This may lead to your spouse or loved ones having to share your estate with relatives you have not seen for many years. In addition, the intestacy rules will not recognise your relationship if you are unmarried.
What to consider when preparing a will
Before meeting with our probate experts, there are a number of issues you should consider. We can talk you through the options at our initial meeting, but ultimately, personal preference is paramount.
- Who will be your executors? These are the people who have responsibility for your estate after you die. They will have to calculate the value of your assets, pay off any debts and then distribute all remaining money to your beneficiaries in accordance with your wishes. They could also act as trustees for any trusts created by your will.
- Do you need to appoint guardians? If you have young children, these are the people who will take responsibility for their welfare should anything happen to you.
- Do you want to include a legacy? You may wish to leave specific items or cash gifts to individuals or charities. These are known as legacies.
- Who will be your residuary beneficiaries? Who do you want to benefit from your estate and what proportion do you want them to receive?
- Funeral wishes: If you have strong feelings about the type of funeral you want, you can leave directions for your loved ones to follow in your will.
- Tax implications: We will work with you to maximise any allowances and reliefs that are available, to ensure your estate is not unduly diminished by tax liabilities.
What next?
Our friendly team of Will solicitors are on hand to help guide you through the process of making or updating your Will.
Get in touch with us today to speak to our team. Call us on 0114 218 4391, email our Client Services team PrivateClient.ClientServices@ or complete our online enquiry form.
Why you should make a will
A Will is the only way to ensure that assets pass to your chosen beneficiaries if you pass away. You can appoint executors and trustees to administer your estate and deal with any Trusts.
Wills – Frequently Asked Questions
Making a Will may seem complicated and expensive, but in the majority of cases this is not the case. If you do not make a will the rules of intestacy will control the ultimate destination of your assets.
More Information
Making a will – Gov.co.uk
Make sure your will is legal – Gov.co.uk
Living Wills (Advanced Directive) – Age.uk
