Things We Don't Like to Talk About

July 2004

Charles Attenbrough, Solicitor and Partner at Crutes Mounseys Law Firm explains the importance of preparing for the worst.

“There are three certainties in life – birth, death and taxes. You’ll probably not believe this, but you can keep paying taxes after you’ve died.

“Of these, death is probably the least discussed, and debatably, the worst feared. But to avoid thinking about your own death is to ignore important issues and choices that need addressing, not only for your benefit, but that of your family.

“Making a will is easy, and it needn’t be expensive. And it is your one and only chance to decide who inherits what when you die. Not making a will leaves a potential mess for your loved ones to sort out.

“As well as deciding who gets what, you can also decide when they receive it. This can be particularly helpful if you have a relative you do no want to inherit until they reach a certain age, for example 21.

“Basically, making a will lets you choose who inherits what, at what age and on what terms.

“If your values are quite valuable, provisions in your Will can have the effect of saving death duties because, believe it or not, even after your death, there can be a “bonus distribution” to the Government called death duties.

“When you see a solicitor about a will, don’t be surprised if they also mention disability.

“Health failure, a stroke or Alzheimer’s Disease for example, can happen to any of us and even the law can’t prevent it. But the law can provide a very easy solution to the practical fall out.

“If you lose the physical or mental ability to sign your own cheques or draw your pension, there is a need for somebody else to have the legal authority to do that for you. The solution provided by the law if the Enduring Power of Attorney.

“Signing this is painless and inexpensive, and it gives you the chance to give the people of your choice the legal authority to manage things for you if you unexpectedly become unable to do all that for yourself.

“The Enduring Power of Attorney is usually kept for you by your solicitor until such time, if ever, it actually needs to be used.

“Many of the people who come into my office to finalise their will, or take control of what is going to happen to their property and so on, leave the office smiling broadly.

“Do you know why? It’s the virtual certainty of never having to sign another one, it gives you a real zest for life.”

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