Legacy planning is not about one document.
It is about understanding the rules —
and making decisions before those rules make them for you.
What happens to your home. Your savings. Your family.
Who speaks for you if you cannot speak for yourself.
These are not distant questions.
They are present ones — waiting for your answer.
When you make decisions — you choose who benefits.
You choose who acts. You choose how things are shared.
When you don't — the law decides.
And the law does not know your family.
When There is No Will (Intestacy)
If you pass away without a will, your estate is distributed according to the rules of intestacy.
These rules are fixed. They do not bend to your wishes.
- Fixed legal rules — the law determines who inherits, in what order, and how much
- The state takes control — your family has no say in how things are divided
- Modern family structures are ignored — unmarried partners, stepchildren, and close friends receive nothing under intestacy rules
Intestacy does not reflect love. It reflects legislation.
And for many families — the outcome is not what anyone would have chosen.
The Court of Protection
If you lose the ability to make decisions — through illness, injury, or age —
and you have not put a Lasting Power of Attorney in place,
the Court of Protection may step in.
This is a legal process. It takes time. It costs money.
And it gives control to someone you may not have chosen.
It is not a safety net — it is a last resort.
Who takes control
Without an LPA, a deputy must be appointed through the court.
This person may be a family member — or it may be a stranger.
They will make decisions about your finances, your care, and your daily life.
You will have no say in who it is.
You will have no voice in what they decide.
The Office of the Public Guardian (OPG)
The OPG is the government body that registers Lasting Powers of Attorney and supervises deputies appointed by the Court of Protection.
If you have an LPA in place, the OPG ensures it is properly registered and that your chosen attorneys can act when the time comes.
If you do not have an LPA, the OPG oversees the deputy appointed by the court — someone who may not know you, your values, or your wishes.
Planning ahead means choosing your own people — not leaving it to the system.
Lasting Powers of Attorney (LPAs)
An LPA is a legal document that lets you choose who can act for you —
if you are ever unable to make decisions yourself.
There are two types. Each covers a different part of your life.
Health & Welfare
Covers decisions about your medical treatment, daily care, where you live, and life-sustaining treatment.
This LPA can only be used when you lack the mental capacity to make these decisions yourself.
It gives your chosen person the authority to speak for you — with your values and wishes in mind.
Property & Financial Affairs
Covers decisions about your bank accounts, bills, property, investments, and pensions.
This LPA can be used as soon as it is registered — with your consent — or only when you lose capacity, depending on your preference.
It ensures your finances are managed by someone you trust — not someone appointed by the court.
Most people put both types in place at the same time.
Because the need for one often arrives alongside the need for the other.
Protective Property Will Trusts
A Protective Property Trust is a clause written into your will.
It protects your share of the family home —
so that if your partner needs care in later life,
your children's inheritance is not lost to care fees.
It works by placing your share of the property into a trust on your death.
Your partner can continue living in the home —
but your share is ring-fenced for your chosen beneficiaries.
It is one of the most common — and most overlooked —
forms of protection in estate planning.
Bringing it Back to Simplicity
Legacy planning is not about wealth.
It is about clarity.
It is about knowing that — whatever happens —
your family will not be left guessing.
A will. An LPA. Perhaps a trust.
These are simple steps — taken now —
that remove uncertainty later.
You do not need to understand everything today.
You just need to begin.
When you are ready to talk, we are here.
Get in touch