IN A report released by Theos last November, Love, Grief, and Hope: Emotional responses to death and dying in the UK (News, 1 December 2023), researchers revealed that 25 per cent of adults in a survey thought about their own deaths at least once a week. Against that, however, only 44 per cent had made a will.
Alexandra Hutton The Revd Matthew Hutton
Anyone who has had to sort out an estate — typically, as executor or, in the absence of a will, as administrator — will have first-hand experience of the amount of time and emotional cost that it takes to get things in order if they are not. And this comes alongside the pain of bereavement.
So, that is a call to each of us to ensure that our financial affairs are in order. More specifically, I am writing to clergy — me included — to suggest that, as we respond to the bishop’s charge at our priesting “to prepare the dying for their death”, we make sure that that preparation extends beyond the spiritual to an encouragement to sort out practical matters.
There are biblical precedents, particularly Paul’s concern in 1 Timothy 5.8, that one should “provide for relatives and especially for family members”.
The following are areas that, I suggest, readers consider, first for themselves, and then, as appropriate, for anyone with whom they may be walking pastorally.
Do you have a will in place that reflects your current wishes?
Your will may provide a range of legacies to family, friends, and charities, before the gift of “residue” (what is left), after paying all debts and taxes, followed by the usual administrative clauses.
The will must be signed (“executed”) in the presence of two independent witnesses, each of whom should then sign it underneath your signature. Neither of these (or their spouses/civil partners) can benefit under the will.
While it is not a requirement for the will to be drawn up by a solicitor or a professional will-writer, I would strongly advise it.
Importantly, the will appoints one or more people to act as executors in dealing with your “estate” (what you own), which you should discuss with them in advance. Their job will include identifying and gathering in the assets, paying any debts, including any inheritance tax, and distributing the net assets to those entitled under the will.
If you die leaving minor children (and the other parent or step-parent has also died, or dies with you in an accident, for example), your will should include the appointment of testamentary guardians for them, together with appropriate financial provision. A “Letter of Wishes”, which can be changed more easily than a will, could express your wishes for their upbringing.
In the absence of a will, the so-called intestacy provisions come into play, with an order of inheritance of the estate depending on who survives: spouse/civil partner, children, parents, siblings, and so on. If no blood relatives survive, the whole estate goes to the Crown. A similar order operates with the appointment of an administrator.
What about your funeral arrangements?
Any priest, LLM (Reader), or other celebrant knows that surviving family members find it so much easier if the deceased has expressed clear wishes on what they want to happen at their funeral, and whom they want to be involved.
Instructions for a funeral, however, whether burial or cremation, don’t have to be included in a will; an informal “Letter of Wishes” will do.
Consider provision for Lasting Power of Attorney
Declining mental capacity and ability to look after one’s own affairs, usually because of dementia, is an increasing fact of life. The ideal is to have someone close, whom you trust completely, to take legal responsibility for making important decisions on your behalf.
This is done quite simply, by making — ideally, through a solicitor — a Lasting Power of Attorney (LPA), which comes in two parts: property and financial affairs, and health and welfare. You can appoint the same, or different, individuals for each.
The LPA is then registered with the Office of the Public Guardian. You hope the LPA will never be needed, but, if it is, the procedure is in place for the attorneys to activate the LPA on the government website and then to start to act by notifying doctors, lawyers, banks, etc., with the LPA alongside proof of their identity. The health and welfare attorney would try to ensure that your wishes for medical treatment are honoured through an “advance decision” (or “living will”).
Failing an LPA, an application has to be made by a member of the family to the Court of Protection for someone to become a “deputy” to make the necessary decisions. This can be complex, time-consuming, and expensive, and, before an appointment is made, no decisions can be taken on financial or welfare matters.
Who needs to be notified?
You should leave an up-to-date list of those who need to be told of your death, with phone numbers and email addresses: family and close friends; clergy; funeral directors; medical practitioners; professional advisers; banks, building societies, and insurance companies; associations, and so on. This will make the task much easier for those you leave behind.
On the subject of people. . .
As we get older, longstanding friends acquire a particular significance. You might find it helpful to be intentional about who you spend time with. Whatever the relationship, friends or family, you may want to think whether there is anything that needs to be said: past hurts, for example, where forgiveness may need to be offered, or graciously accepted, to put things right.
You may, therefore, wish to consider writing letters to particular family or friends, perhaps thanking them for their friendship and telling them how much they mean to you. You may want to consider making a gift to them of something that they will appreciate as coming from you.
Don’t forget your digital assets
Dealing with a person’s digital assets can present quite a challenge, including computer, tablet/iPad, mobile phone, social media, Dropbox, and other facilities. The first question is, of course, access, and where the necessary passwords can be located. Passwords might also be needed for a whole variety of associations and memberships — or, indeed, online bank accounts, share portfolio, or a PayPal account.
Dealing with your possessions
Make a list, and (where appropriate) set out in detail how to get access to them. This is something that your executors/administrators will need after your death.
This list might include a house/flat, or other land, business interests, bank and building-society accounts, and any investments, pensions, insurance policies, jewellery, and other valuables, not to mention other personal possessions, photos, papers, and so on.
Consider whether any sensitive or very personal papers should be destroyed — if not now, then immediately after your death.
There is an important point about bank and building-society accounts: until the executors/administrators have obtained a Grant of Probate, which is the authority of the Court to them to deal with your assets, all such accounts are effectively “frozen”. Probate might take up to one year to obtain.
If you have a partner who would otherwise depend on you for day-to-day expenditure, you could put one or more such accounts into joint names, which would allow the survivor to draw on them immediately after your death.
Inheritance tax (writing as a retired tax lawyer). . .
Rachel Reeves’s first Budget, on 30 October (News, 1 November), made three proposals, which are, in general terms: further freezing of the nil-rate bands, the taxation of unused pension funds on death, and reducing the reliefs on agricultural and business property. Further changes could also be made in future.
Where an estate is large enough to attract inheritance tax, you could set aside a fund to pay it. Indeed, you might also consider what steps could be taken now, for example, by qualifying lifetime gifts, to mitigate the impact.
General finances
I have always advised people not to give away too much too soon — old age has a habit of being expensive in terms of personal care and care homes, if needed.
And finally. . .
Keep your other half (if you have one) and your family up to speed with all your preparations, keeping — and updating from time to time — appropriate lists of what you own, and what you have done, ensuring that all information can be easily accessed.
The Revd Matthew Hutton is the author of Your Last Gift: Getting your affairs in order (second edition, 2024; www.yourlastgiftbook.com).