One of the most common questions I am asked by clients is:- what options are available to me once a loved one has lost their mental capacity and does not have a Lasting Power of Attorney (LPA)? I wish to highlight both why it is important for someone to put a LPA in place and to talk you through the options and process involved when one is not.

In the past it was a comfort to know that Registry grant applications would take up to 10 working days to be issued, but following legislation proposed by Government in 2019, this led to an influx of applications being made to avoid this change, causing processing delays of 1-3 months. With this delay believed to be falling at the beginning of the year, the Covid-19 pandemic has cast mystery over the future of applications, how they are processed and how fast they will be issued.

Since the start of lockdown, solicitors’ offices have been closed and clients are being relied upon to correctly execute their wills at home.

The Wills Act 1837 lays down strict rules, which must be complied with if a will is to be valid as a legally binding expression of wishes.

It is possible to sign your will and observe the social distancing rules. Many resourceful individuals have achieved this by witnessing through open windows, patio doors and over the garden fence.

It has been widely reported in the media that Sally Challen has won the right to inherit the £1m estate of her husband despite being convicted of his murder, subsequently overturned when the Crown accepted her guilty plea to his manslaughter. I will not go into the details of the case here save to say that in accepting her manslaughter plea, it was also noted that the deceased had ‘coercive control’ over his wife which is now recognised as a criminal offence (although it was not recognised as such at the time of the killing).

A will is a legally binding document which sets out your wishes for later life, including how your assets will be passed on to your loved ones. To help illustrate the importance of a will, we’ll look at 10 realistic situations where a will would help provide peace of mind for your future…