Getting ready for the summer

We have had a flurry of new will instructions from clients wanting to get their affairs in order before they leave for holiday - some instructions have been received literally the day before the client is due to fly but to provide the best service so they can travel with peace of mind we have had to pull out all the stops to get the wills finalised and executed!

True to form the ones for which we have the least amount of time to complete are the most complicated even though initially the client has informed us that their instructions are "simple"! In my experience as soon as a client says the word “simple” alarm bells start ringing!

If you feel that you don't have anything to leave try to remember that Wills not only deal with assets they also deal with funeral wishes, guardianship of any minors and also the appointment of whom you would want to administer your estate. It is definitely worth thinking about if you do not have one!

I have been hearing on a London radio station this week a phone-in about Living Wills/Advance Directives. These are documents where you set out your wishes of how you wish to be treated (life sustained) if you were in an accident or had an illness which meant that you were in a coma.

The phone in came about following a BBC documentary where a gentleman had executed a Living Will and then was involved in an accident which left him on a life support machine and initially in a coma which then improved to being conscious but being unable to speak or move.

The family and doctors were in discussion regarding the switching off of the life support machine (as was in accordance with the wishes set out in the Living Will) - however one of the doctors noticed that the patient appeared to be understanding the conversations around him and was able to blink - the doctor therefore asked the patient whether he wanted to remain on the life support or have the support switched off and he reacted to the doctor by blinking to the effect that the machine has now been left on and therefore going against the gentleman’s previous wishes which had been committed to an executed document.

This therefore begs the question as to whether Living Wills should indeed be in place at all.  We advise clients that the Living Will is put in place merely as guidance and to give you as the person executing the power the ability to appoint the person you would wish to carry out decisions regarding your help when you are unable to speak to yourself but ultimately if you were ever to be in that position there would be numerous discussions between the medical team and your family before any action would be taken.

It will be interesting to see if anything further comes out following this documentary or whether as it has now brought these documents more into the public eye whether we will be contacted by more clients interested in making one.  I will keep you informed.
 
Enjoy the summer!