Talking about what should happen after we die is rarely easy. For many families, the subject feels uncomfortable or even upsetting. Yet avoiding it can leave loved ones facing uncertainty, difficult decisions and potential disagreements at an already distressing time.
For those raising the subject for the first time, there may never seem to be a perfect moment to begin the conversation. Sharing an article like this may be a useful starting point, or a relaxed family gathering or quiet moment at home may provide an opportunity. It can also help to explain that the purpose of the discussion is not to dwell on death, or money, but to make matters clearer and easier for the family as a whole.
Personal relationships, family circumstances, finances and businesses all change over time, so it is worth revisiting plans regularly and checking that legal documents still reflect current wishes. The more often families talk openly about these issues, the more familiar and manageable the conversation can become.
Important points to discuss include whether a will is already in place, who should inherit and any funeral wishes. A ‘letter of wishes’ can sit alongside a will and serve as a useful tool to help executors or trustees understand the reasoning behind the decisions made when exercising their judgement. An open explanation of personal wishes may prevent misunderstanding and hostility later, and it can also be updated relatively easily as circumstances change.
You should also consider who will manage a person’s financial affairs if they lose the ability to do so themselves. This is arranged through a Lasting Power of Attorney (LPA), rather than a will. Appointing a trusted attorney for this situation, and making sure they understand the person’s wishes, can ensure access to funds and provide valuable support during a difficult period.
A little preparation can make a real difference to loved ones at an already difficult time. Taking legal advice can help ensure that all the available options have been considered and that the arrangements put in place reflect a person’s wishes and circumstances. It also provides an opportunity to identify any potential issues, clarify how an estate should be managed and ensure that the right legal documents are in place.
Having open and, where possible, early conversations with family members can also help everyone understand what to expect and provide an opportunity to discuss any questions or concerns. Reviewing wills, Lasting Powers of Attorney and other relevant documents regularly, particularly when circumstances change, can help ensure they remain clear, accurate and fit for purpose. While these conversations may not always be easy, taking the time to plan ahead can help reduce uncertainty and minimise the risk of confusion or disagreement for those left to manage the practical and legal arrangements when the time comes.