Insights & Articles

Most of us recognise the importance of certain life admin tasks: you need a valid passport to travel, house insurance for your mortgage, and a driver’s licence to get behind the wheel. In the same way, having a Will isn’t optional; it’s essential. Yet many people still put it off, thinking they’re too young, too busy, or that everything will “automatically” go to their loved ones anyway. Unfortunately, that isn’t always how things work.

Choosing the right executor is one of the most important decisions you will make when preparing your Will. The person you appoint can significantly influence how smoothly the estate administration process unfolds. Who you choose truly shapes the course of the administration and the experience for your loved ones.

The start of a new year is a natural time to reflect, reset, and plan ahead. For individuals, families, and businesses alike, clarity brings confidence. At McVeagh Fleming, our role is to provide that clarity through practical, considered legal advice that supports you at every stage of life and business.

If one of your loved ones has left you out of their Will or you believe that their Will is unfair or their Will did not adequately provide for you, you may be able to make a claim under the Family Protection Act 1955 (the FPA) against their estate.

Many people assume their family will automatically be able to make decisions for them if they lose mental capacity, but without Enduring Powers of Attorney (EPA) in place, that’s not the case. If you lose mental capacity without an EPA, decisions regarding your personal welfare or property must go through the Family Court.

Fiona shares her deeply personal journey of caring for her mother, diagnosed with Young Onset Dementia at age 53. At just 29, Fiona navigated the challenges of supporting four generations under one roof, balancing the demands of new motherhood with caregiving responsibilities. She reflects on the emotional and financial strains, the importance of a support network, and the late diagnosis that left many questions unanswered.

The death of a spouse or partner is an emotional and challenging time for the one left behind. Often left with the overwhelming task of handling the Deceased's estate, the surviving spouse or partner will be unaware of their entitlement under the Property (Relationships) Act 1976 (the "PRA"). Many will opt to taking under the Will, not knowing they also have the alternative option of applying under the PRA for a division of relationship property.

When constructing a Will a will-maker has the freedom to decide how they wish to distribute their property upon their death, this is known as testamentary freedom. However, this freedom is not absolute. In certain circumstances, such as when a will-maker is said to have lacked capacity when they last made or altered their Will, a Will can be challenged and possibly be declared as invalid.

No matter your age, it is essential that all adults have in place lawful and enforceable Enduring Powers of Attorney ("EPA"). Sudden accidents or illnesses affecting your metal capacity can happen unexpectedly, and if the time comes that you require an EPA and you have not already set one up, it will be too late.