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Making a Will is one of the most important financial decisions
any person undertakes. The rise in property wealth and the
decline in marriage especially (a surviving co-habitee has
no protection when their partner dies), has in recent years
made the writing of a Will essential.
A Will can ensure that your loved ones are not burdened
with the financial complications arising from your death
and will also guarantee that your valued assets pass to the
beneficiaries of your choice.
When preparing your will, we will consider the likely value
of your estate and, where necessary, provide inheritance
Tax Planning advice to maximise the net value of your estate.
We will also advise on any potential claims against your
estate.
Living Wills
When preparing Living Wills, we can discuss your wishes
with you and how best to provide for them.
What are they?
A Living Will can record your wishes, with respect to certain
medical procedures that are/are not to be employed on loss
of mental capacity ("advanced directive"). In the
alternative, A Living Will can record your beliefs (albeit
not binding) on such procedures for the family to consider
should a difficult decision with regard to your health have
to be made ("non-advanced directive").
Whilst a patient cannot require a doctor to take action
in a certain situation and cause their death, a document
can be prepared that relates to your wishes/beliefs on a
medical decision which would have been within your powers
to make had you had the mental capacity to make it. Only
wishes in relation to:
- treatment which will ease any suffering but may accelerate
an otherwise inevitable death; and
- withholding or withdrawing treatment which may prevent
or delay death are allowed to be stated. To record your
wishes with regard to treatment which is intended to cause
death or will merely result in death without any beneficial
effect, is illegal.
Current opinion
How binding specific requests in a Living Will can be, is
questionable, and there is varying case law on the subject.
Wishes recorded when one is of sufficient mental capacity,
with regard to treatment such as artificial feeding, hydration
and ventilation have however been held to be binding.
A Green Paper on the subject, issued in 1997, proposed making
the contents of Living Will’s statutorily binding.
However, the danger of perhaps "playing God" has been recognised
and is under consideration.
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