The importance of an up-to-date Will and the advantages of Lasting Powers of Attorney

The importance of an updated Will and the merits of having a Lasting Powers of Attorney (LPA) for both health and welfare and financial affairs, cannot be underestimated.

Recently, the Larney family was forced to take legal action against a waitress, Mrs Mariia Romanyshyn, who claimed that their deceased family member, Mr Richard Anthony Joy (82) who died in 2018 and never had a family of his own, had left her the family estate worth £650,000.

Mrs Romanyshyn, who also became Mr Joy’s attorney, would help him with his shopping and general chores. She eventually moved into Mr Joy’s estate, along with her husband and daughter and Mr Joy became dependent upon her in terms of cooking, medication and any medical appointments. Mr Joy had become estranged from his extended family for some years before his death.

The key issue of contention remained around Mr Joy’s capacity to make the decision to change the beneficiaries of the estate so late in life.

Despite Mrs Romanyshyn’s attempts to convince Judge Simon Monty KC, that Mr Joy did have capacity, in that he was able to play chess with her daughter, follow complex story lines of Sherlock Holmes’ screenplays, and confidently make trips away from the house and return safely unaided – the judge ruled that according to Mr Joy’s 2011 Will, the estate would go to the family of Mr Joy (i.e. his mother, a cousin and a friend). Despite a signed deed of gift in the name of Mrs Mariia Romanyshyn, the judge was satisfied that the last true Will of Mr Joy was the one dated 26 November 2011.

The case highlights the importance of having an up-to-date Will, and the need to ensure that it truly reflects your wishes. This is particularly important when significant life events may occur, for instance, estrangement from family, a divorce/dissolution, a new marriage or civil partner, new children and/or grandchildren, or where there is a significant change in your financial position.

Equally, and perhaps more importantly, having an LPA is more crucial than a Will. While the money that you own will pass on to others at your death, if – God forbid – you were to suffer a catastrophic injury to the head, or suffer from dementia or a stroke, then the question to ask is what will happen to your finances? Unless you have given the authority to someone that you trust implicitly to take care of your finances – particularly if you need to pay for care or any adaptations within your home then you cannot assume that your family will automatically have access to your money. It may be that that money is locked away and no-one is able to access it when you need it most.

Having an LPA for both your health and welfare, and financial affairs, will allow your chosen attorney(s) to act on your behalf and make important decisions, that are in your best interests.