How to make a Living Will

Every adult with mental capacity has the right to agree to or refuse medical treatment. To make your advance wishes clear you can use a living will.

Living wills can include general statements about your wishes, which aren’t legally binding, and specific refusals of treatment called ‘advanced decisions’ or ‘advance directives’.

A general written statement (sometimes called an ‘advance statement’) can set out which treatments you feel you would or wouldn’t like to receive should you lose mental capacity in the future. Advance statements aren’t legally binding, but health professionals do have to take them into account when deciding on a course of action. Family and friends can also use them as evidence of your wishes.

You could also make your views known verbally, for example, when discussing treatment with a health care professional, but having it written down may make things clearer for everyone.

Your statement could include:

• treatment you would be happy to have, and in what circumstances
• treatment you would want, no matter how ill you are
• treatment you would prefer not to have, and in what circumstances
• someone you would like to be consulted about your treatment at the time a decision needs to be made
• it can also include a specific refusal of treatment, which has a different legal status
• if writing an advance statement, bear in mind that new drugs or treatments may be introduced in the future. So you could, for example, state that you would prefer not to receive certain current treatments but would allow for new treatments
• include your name, address, date and signature
• it’s also advisable to say you understand what you’re doing and are capable of making such decisions
• get the statement signed by a witness who can say that you had capacity at the time

You can still make a living will if you’re diagnosed with a mental illness, as long as you can show that you understand the implications of what you’re doing. You need to be competent to make the decision in question, not necessarily to make other decisions.

It’s best to put your wishes in writing and explain:

• why you’ve made your decision about how you do or don’t want to be treated
• what you understand about the treatment you’re agreeing to or refusing
• why you’re making these decisions now

It’s important that your living will is entered into your medical notes so that in an emergency it is found and acted upon. Consider sending a copy to your doctor and to any hospital which is treating you and to your nearest relatives. If your living will is verbal, make sure close relatives or friends are aware.

Consider reviewing your living will on a regular basis to make sure you’re happy with it and particularly if your situation changes.

You can change or cancel it if you are able to think rationally and clearly explain what you want to happen. Ideally, put things in writing and destroy old versions.

You can get help from solicitors specialising in mental health or community care. The Mind Legal Advice line (020 8519 2122, 2.00 pm to 4.30 pm, Mondays, Wednesdays, and Fridays), your care co-ordinator, doctor or Citizens Advice Bureau can also help.

Source: Directgov – public services all in one place

Can I Use a DIY Will?

You don’t always need to have a solicitor to draw up a legally valid will. If you answer NO to any of the following questions your affairs are probably too complex to use a DIY Will. You should contact a solicitor and go through everything with them, click here to  find a solicitor via the Law Society (UK only).

• Do you have your permanent home in England, Wales, Scotland or Northern Ireland?
• Are you of sound mind? i.e. do you understand what you are giving away, how you are giving it away and who you are giving it to?
• Are you over 18 in England, Wales and Northern Ireland or over 12 in Scotland?
• Do you have less than £312,000 worth of assets? This figure is the current value of a person’s assets that is free from Inheritance Tax. For the purposes of your Will, ‘assets’ include your property, personal possessions, cash, savings and investments. Note that some insurance policies cannot be left in your Will. You need to check with your insurance provider. Sometimes your pension rights cannot be included in your Will so you should check with your pension provider. If you own a property as a joint tenant (if you do not know how you own your property, then check with the solicitor who did your conveyancing), then your share of that property will automatically pass to the other owner and therefore will not be included in your Will.
• Is all the property you own in the UK? If you live in England and own a property in Scotland or Northern Ireland, the property is considered to be foreign property because it is in a different legal jurisdiction. The same applies if you live in Scotland and own a property in England or Northern Ireland, this property is considered to be foreign property because it is in a different legal jurisdiction. Therefore, you need to take legal advice in the country where the property is situated.
• You do not own a business or share in a business? If you run a business on your own (sole proprietor), are part of a partnership or if you own all or part of a private company you should take legal advice.
• You do not have children? An unmarried father does not automatically have parental responsibility (the ability to make decisions about their child’s welfare) unless the child was born after 1 December 2003 and the father is named on the birth certificate. The unmarried mother automatically has parental responsibility. The appointment of a guardian in your Will is only effective after both parents with parental responsibility die. So if the father does not have parental responsibility, it is possible for a mother to name someone in their Will other than the father to be the child’s guardian.

Age Concern Legal Services – Advice

In the UK Age Concern is a well respected organisation offering help and advice on many subjects.

Age Concern Legal Services offers legal advice and support through Irwin Mitchell‚  one of the UK’s leading law firms and 2007 National Law Firm of the Year. They realise life doesn’t always go to plan, so they offer an easy to access service to help you understand when legal help may be necessary. You can have a free consultation with one of their friendly advisers who will listen to your situation and explain how they can help you. They will also let you know how much it will cost to proceed with the advice you have been given.

Whatever your age‚ Irwin Mitchell can advise you on a range of legal issues including Will writing, one of the most important things you can do for your family.

Why you should Make a Will

Everyone should make a Will. If you die without making a Will you cannot control who will inherit your money and property.

What will happen is that the law of ‘intestacy’ will apply which in simple terms means that the bulk of your estate will go to your spouse or, if none, to your children and, if none, to other specified blood relatives. If this is not what you want to happen to your estate then make a Will today.

If you’re not married and have not made a Will, your partner may receive nothing. You must state in your Will if you wish your partner to inherit your estate.

If you already have a Will but have recently been divorced or married your current Will may be invalid. It is advisable to do a review of your circumstances on a regular basis and have a new Will drawn up if at all in doubt.

Making a will is not necessarily a complex or expensive business, particularly if your affairs are pretty straight forward. There are three ways you can draw up a will:

• Solicitor – this is the most expensive method but if your affairs are complicated this is the only safe way of ensuring your estate is dealt with in the way you wish. Don’t know where to begin? Then find a solicitor via the Law Society (UK only).
• Buy a Last Will & Testament Pack – these are available at most post offices and some bookshops. Amazon.co.uk also supply them, click here to see Amazon’s DIY Wills for use in the UK or here for those for use in the US. These wills have to be signed infront of witnesses before they become legally binding.
• Complete the details online – there are several companies available who offer this service. You fill in all the forms online then they send you a copy of the will via email you then just need to sign it infront of witnesses to make it legally binding. One such company is Global Wills.

If you’re not sure if you need to have a solicitor draw up your will take a look at our simple guide.