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There is an important change in the UK State Pension system that will take place in July 2023. If you’re aged between 45 and 70, this change could affect the amount of State Pension you are eligible for, making it a critical issue to understand. As it stands, the State Pension serves as the cornerstone of retirement income for many, providing over £10,600 per year, indexed for life. However, to qualify for the full State Pension, you must have contributed to the National Insurance system for 35 full years. If you’ve taken a career break, worked abroad, or didn’t meet the income threshold in a certain year, your National Insurance record could be incomplete. What’s changing? Until now, you could make voluntary contributions backdated to the 2006-2007 tax year to fill any gaps in your National Insurance record. From July 31, 2023, this look-back period will be reduced to just six years. This means that any incomplete years before 2017-18 will remain as such, and you will not be able to make them up. The clock is ticking, and this is an opportunity to maximise your State Pension benefits. Remember, after July 31, 2023, you will no longer be able to backdate contributions more than six years to make up for missed years. Useful links: Check your state pensionCheck your National Increase Record Money Savings Expert guideFuture Pension Centre To ensure you’re prepared for this change, consider taking the following steps: Check Your National Insurance Record Check whether you have sufficient years in the system by logging into the gov.uk website and examining your State Pension forecast. This will provide information about how many more years you need to contribute to be eligible for the full State Pension. Determine Your Future Contributions Based on your current record and future work years, estimate if you’ll reach the 35- year mark. If you believe you might not, consider making voluntary contributions to claim missed years. Decide on the Next Steps Assess the cost of filling up a year of missed contributions against the potential long-term returns. One year’s National Insurance contribution equates to approximately £303 of annual State Pension income, indexed for life. This investment could result in significant, inflation-protected returns over your lifetime. Deciding whether to make these contributions can be a complex process. You may want to consider consulting professional resources or the government helpline, Future Pension Centre, for further advice. Please consider this information carefully, as it may significantly impact your financial future. Share it with anyone who could benefit from it. If you have any questions or require further clarification, don’t hesitate to seek advice. This article was submitted as a guest article by Kron Wealth. Kron Wealth is a trading style of Sandringham Financial Partners Ltd, which is authorised and regulated by the Financial Conduct Authority. Sandringham Financial Partners Ltd is a wholly owned subsidiary of M&G plc. E: hello@kron.uk | W: www.kron.uk T: 0207 173 6544

In recent years, there has seemingly been an increase in the number of people having their Wills written in England and Wales (based on an increasing population and the decreasing percentage of people without a Will), with individuals seeking to safeguard their assets and ensure their loved ones are adequately cared for after they are gone. However, concerns surrounding the regulation and standards of Will writing services have also been on the rise, prompting a much-needed investigation by the Competition and Markets Authority (CMA). SLS Wills and More wholeheartedly welcomes this investigation as a crucial step towards instilling trust and reliability in the profession. Current State of Affairs: The Need for Regulation As of the current state of affairs, Will writing in England and Wales remains largely unregulated. Unlike other legal professions that undergo rigorous oversight and monitoring, Will writing has not seen substantial regulatory scrutiny. This has led to variations in service quality, and unfortunately, instances of unscrupulous practices by certain providers have caused distressing outcomes for clients. The CMA study has been partially brought about by firms who promises Wills at rock-bottom prices to create demand who then ‘lump-on’ additional services to increase their prices. Even worse, some firms are ‘selling’ services which are not even necessary! The lack of comprehensive regulation in the Will writing sector makes it difficult for clients to differentiate between trustworthy professionals and opportunistic entities and fly-by night traders, thereby compromising the integrity of this crucial legal process and ruining trust in practitioners who have supported clients successfully for years. The Last Review: Assessing the Past Traditionally, Will writing was often handled by self-regulated Estate Planning Practitioners or solicitors, guaranteeing a certain level of expertise and adherence to ethical standards. However, it was in 2013 when the Lord Chancellor decided not to regulate the profession, despite many thinking he would, the door was metaphorically opened to invite various Will writing providers, some of whom lacked the requisite expertise or accountability into the profession. Since then, the sector has undergone significant changes, notably in the funeral planning sector, where pre-paid plans now fall under the FCA. Authorities clearly recognised the need to protect consumers from potential financial and emotional distress. While this was a positive step in the right direction, it also highlighted the importance of revisiting the regulation of Will writing to ensure the protection of clients’ interests and areas like pre-paid probate are now under scrutiny (rightfully so in our opinion). Reasons for Review: Safeguarding Clients’ Interests The primary motivation behind the CMA investigation is to safeguard the interests of clients who seek professional Will writing services. The investigation aims to assess whether adequate protection and fair treatment are being provided to clients during the creation of such critical legal documents. By delving into the industry’s practices, the CMA aims to identify any potential issues and pave the way for improvements that foster greater trust between Will writing professionals and their clients. SLS Welcomes the CMA Investigation As a practitioner who has supported clients with Wills for over 35 years and as someone reputable within the legal industry, SLS Wills and More and Sara Sheppard TEP is committed to ensuring the highest standards of service and ethics in Will writing. We firmly believe that all clients deserve documents produced by providers they can trust. As such, we wholeheartedly welcome the CMA’s investigation and support their efforts to introduce much-needed regulation. SLS Wills and More recognises the importance of safeguarding our clients’ interests and providing them with peace of mind during this sensitive process. We have consistently adhered to strict ethical standards laid out by the Society of Will Writers and Sara has joined the Professional Standards Board to ensure that we drive best practice throughout the membership, and the CMA investigation will further reinforce our commitment to maintaining transparency, reliability, and client satisfaction. In conclusion, the introduction of the CMA investigation in Will writing in England and Wales is a significant step towards ensuring that clients receive trustworthy and reliable services. By addressing the current gaps in regulation, we hope that the CMA aims to enhance the credibility of the profession, making it more accessible and dependable for all. SLS Wills and More fully supports this initiative and remains dedicated to serving our clients with the utmost professionalism and integrity.

When we think about estate planning, asset protection is a key focus for many of us. As a result, lots of firms have taken to advertising Asset Protection Trusts (APTs) as a critical tool for safeguarding one’s wealth from potential creditors, and other financial threats. These legal instruments are designed to hold and protect an individual’s assets, ensuring they are passed on to beneficiaries according to the settlor’s (the person settling assets into a trust) wishes. However, the use of these trusts comes with nuanced complexities and potential risks that must be navigated with caution. What Are Asset Protection Trusts? Asset protection trusts are a form of legal structure where assets are transferred into a trust to shield them from passing to other people through divorce of your loved ones, bankruptcy and other financial issues, providing a level of security and privacy not available through direct ownership. They can be established during an individual’s lifetime (inter vivos trusts) or upon their death through a will (testamentary trusts). Intervivos Trusts (Lifetime Trusts) vs. Testamentary Trusts (Will-based Trusts) The primary difference between inter vivos trusts and testamentary trusts lies in their timing and control. Intervivos trusts, also known as living or lifetime trusts, are created and operate during the lifetime of the settlor. These trusts offer immediate asset protection and can be revocable or irrevocable, allowing for flexibility in management and control over the assets. On the other hand, testamentary trusts, also known as Will-based trusts are established through a Will and come into effect upon the testator’s death. Testamentary trusts do not provide asset protection during the testator’s lifetime but can be a useful tool for managing and distributing assets upon death, particularly for minor beneficiaries or those needing financial guidance. They can also be commonly used to protect a share of a property for the benefit of specified beneficiaries. Common Reasons for Using Asset Protection Trusts Asset protection trusts are commonly used for several reasons: – To shield assets from the creditors of your loved ones: APTs can offer protection against potential legal cases, bankruptcy, and other financial risks. – Estate planning and inheritance management: Trusts can help bypass the probate process, allowing for a smoother and more private transfer of assets to beneficiaries. – Tax planning: Certain types of trusts can offer tax advantages, though this requires careful planning to comply with tax laws and regulations. Unwrapping a Lifetime Trust Unwrapping or dissolving a lifetime trust involves transferring the assets out of the trust and back to the settlor or directly to the beneficiaries. This process can be complex and may require the assistance of legal and financial professionals to ensure that all assets are properly accounted for and that all legal and tax implications are considered. Especially as it’s a reserved legal activity to create the trust deed in the first place. A Cautionary Note The importance of due diligence cannot be overstated when establishing an asset protection trust. A poignant example of what can go wrong is the situation involving The Nottingham Building Society and the subsequent failure of the Will Writing Company and the Philips Trust Corporation (PTC). Between 2011 and 2017, The Nottingham referred elderly customers to these companies for estate planning services, including the establishment of trusts. Unfortunately, the collapse of these companies led to long, costly battles for homeowners to regain their properties, highlighting the potential risks associated with poorly managed or ill-conceived trust arrangements. The Financial Conduct Authority (FCA) concluded that the introduction of customers to these trust schemes did not fall within its regulatory remit, underscoring the lack of protection for consumers in certain aspects of estate planning. This situation serves as a stark reminder of the necessity for individuals to conduct thorough research and seek reputable advice when considering the use of asset protection trusts. SLS Wills and More advises against the use of such trusts. The risks, as evidenced by the experiences of those affected by the failures of the Will Writing Company and PTC, highlight the importance of understanding and carefully managing the potential downsides of asset protection strategies. SLS Wills and More founder – Sara Sheppard has over thirty years of industry experience and has supported thousands of clients both in private practice and since launching SLS Wills and More back in 2017. Our role is to ensure that our client’s wishes are carried out in the safest possible way whilst adhering to the relevant and current regulations.

For many of us, pets are not just animals but cherished members of our family, offering companionship, loyalty, and love. As responsible pet owners, it’s natural to worry about what will happen to our four-legged friends should we pass away before them. In England and Wales, while the law does not permit pets to inherit assets directly, there are still ways to ensure they are cared for, according to our wishes, through our Wills. The Legal Landscape: Pets and Inheritance Under the law of England and Wales, animals, including dogs, are considered property and cannot inherit assets or money directly. This legal standpoint might initially seem like a barrier to those wishing to provide for their pets posthumously. However, with proper planning and advice, it’s entirely possible to ensure your pet’s future welfare. A Tail-Wagging Solution: Trusts and Wills The most effective method to ensure your pet is looked after once you’re gone is through the establishment of a trust within your Will. This involves allocating a portion of your estate to the care of your pet, managed by a trusted individual you appoint as the trustee. This trustee’s responsibility will be to use the funds to care for your pet, adhering as closely as possible to your wishes. They will have legal responsibilities. Choosing a Caretaker When making provisions for your pet in your Will, it’s crucial to appoint a caregiver who is both willing and able to take on the responsibility of looking after your pet. This should be someone you trust, who understands the commitment involved and is likely to outlive your pet. Letter of Wishes Accompanying your Will with a Letter of Wishes can provide invaluable guidance to your pet’s caregiver. This letter can detail everything from your pet’s dietary preferences and routine veterinary care to how you’d like them to be treated day-to-day. While not legally binding, this document can ensure your pet continues to live a life that mirrors the care and love they received from you. Appropriateness of the Bequest It’s important to consider the size of the legacy you leave for your pet’s care. An excessive amount might not only be impractical but could also lead to legal complications or disputes among beneficiaries. Instead, aim for a sum that realistically reflects the cost of caring for your pet over their lifetime. Additionally, specifying what should happen to any remaining funds after your pet passes away, such as donating to an animal charity, can be a thoughtful and meaningful gesture. Notable Cases and Considerations While the idea of leaving a fortune to a pet might sound extreme, there have been notable instances worldwide. One of the most famous is the case of Gunther IV, a dog purportedly inheriting $80 million from Carlotta Liebenstein in 1992. Although aspects of this story, including the inheritance ballooning to $372 million and the purchase of Madonna’s Miami mansion, have been met with skepticism, it highlights the lengths some will go to ensure their pets are cared for. Practical Advice and Support At SLS Wills and More, we understand the bond you share with your pet and the importance of ensuring their well-being, even in your absence. Our team can offer sound, practical advice on incorporating pet care into your estate planning, ensuring your beloved companion will continue to receive the love and care they deserve. We can also guide you towards animal charities that offer re-homing services, ensuring a safety net for your pet’s future. Planning for your pet’s future might not be the first thing on your mind when considering your estate, but it’s an act of love that can give you peace of mind, knowing your cherished companion will be looked after when you’re no longer able to do so yourself.

When the time comes to organise your affairs, drafting a Will or Power of Attorney (PoA or LPA) becomes a paramount task. While the allure of do-it-yourself solutions can be tempting, the complexities and nuances of estate planning often demand professional expertise. At SLS Wills and More, we underscore the importance of engaging with a professional for these critical documents, ensuring that your wishes are executed exactly as you envision. After all, we’ve seen the horrors that come from a well-intentioned DIY undertaking. The Pitfalls of DIY Estate Planning The simplicity of DIY Will kits masks a plethora of potential issues. Unless you are in the most straightforward of circumstances—single, childless, and asset-free—the gaps in a self-drafted Will can be significant. From overlooking Inheritance Tax implications to missing critical asset protection opportunities, the risks are considerable. Furthermore, an improperly executed Will can face legal challenges, potentially failing to appoint guardians for minor children—a glaring omission in many template solutions. Similarly, DIY Lasting Powers of Attorney can be fraught with errors, from incorrect personal details to ambiguous instructions, leading to rejection by the Office of the Public Guardian. Each error incurs additional costs and delays, with some mistakes rendering the document unusable. The SLS Wills and More Difference Our approach to estate planning is thorough and personalised. As a renowned estate planning practice, not limited by the constraints of traditional solicitor practices, SLS Wills and More brings over 30 years of expertise to your estate planning needs. Our founder, Sara, a Fellow of the Society of Will Writers and a member of their Professional Standards Board, combines industry-leading knowledge with a commitment to excellence. With additional credentials as a tutor for the College of Will Writing and a TEP member of STEP, Sara’s expertise ensures comprehensive estate planning solutions. She was also recently accepted onto the TAS Network. Our services extend beyond drafting documents. We delve into your financial landscape to understand and mitigate Inheritance Tax implications. We discuss your family dynamics and potential future challenges—such as remarriage, divorce, or long-term care needs—to safeguard your assets against unforeseen circumstances. Our knowledge of trusts can provide robust protection for your heirs, while our meticulous attention to the legal validity of your Will and PoA guarantees their enforceability. Why Professional Guidance is Essential Choosing SLS Wills and More means opting for peace of mind. Our professional guidance removes the stress and uncertainty from estate planning. Clients frequently express their relief and gratitude for the insights and thoroughness we bring to the process, often highlighting aspects they had not considered. Our affiliation with the Society of Will Writers ensures adherence to the highest standards of practice, backed by comprehensive Professional Indemnity insurance for added reassurance. Our commitment to excellence is not just recognised by our clients but also by the industry, as evidenced by the numerous awards we have received. This trust and recognition reflect our dedication to providing superior estate planning services. When estate planning, the value of professional advice cannot be overstated. At SLS Wills and More, our expertise, commitment to continuous learning, and personalised approach ensure that your estate planning documents reflect your wishes accurately and comprehensively. By choosing our award-winning firm, you secure not just the present but also the future of your legacy.

In my over 35 years of experience in the estate planning industry, I’ve witnessed the landscape evolve significantly. As a Fellow of the Society of Will Writers, a member of their Professional Standards Board, an associate of TAS, and a full member of STEP (Society of Trust and Estate Practitioners), I have dedicated my career to providing families with the best possible estate planning solutions. However, I’ve also grown increasingly concerned about the rise of online Wills and the potential threats they pose to comprehensive estate planning. The ease of accessing online Will services may give the impression that creating a Will is a simple and straightforward task. However, the reality is far more complex. Estate planning is not a one-size-fits-all solution, and the nuances of individual family situations can be intricate and unique. As the saying goes, “You don’t know what you don’t know,” and this rings particularly true when it comes to estate planning. Online Will services often provide templated documents that may appear sufficient on the surface but may not take into account the complexities of your family’s dynamics, assets, and specific wishes. A basic online Will might cover the basics, but it may overlook crucial considerations, leaving your loved ones vulnerable to unexpected challenges. Often, seeking professional advice gives you confidence that should something go wrong, you’re protected through adequate insurance etc. At SLS Wills and More, we understand that the allure of convenience may lead people to opt for online Wills. In response to this demand, we have developed an online offering of our own. However, it’s essential to highlight that our approach is far from a simple, automated online document generator. We firmly believe that the quality and accuracy of estate planning documents should never be compromised. Our online offering unlike many includes a thorough review of all documents and instructions by our experienced team. We recognise that each family’s situation is unique, and our commitment is to ensure that every aspect of your estate planning is tailored to your specific needs. But, this is only the tip of the iceberg when it comes to comprehensive estate planning. A truly professional and responsible Will writing service goes beyond document creation. We firmly believe that the process should encompass the proper execution of the Will, including ensuring it is signed correctly, witnessed accurately, and in compliance with all legal requirements (S.9 of the Wills Act). This is where the team at SLS Wills and More is particularly passionate. We understand that the final steps in estate planning can be just as crucial as the initial document creation. Our commitment to our clients extends to offering a meticulous checking service, ensuring that every detail is accounted for and that your estate plan is ironclad. While online Wills may seem like a convenient solution, they often fall short when it comes to comprehensive estate planning. Your family’s financial and personal circumstances are unique, and a one-size-fits-all approach can leave you vulnerable to unforeseen challenges. As someone with extensive industry experience and a commitment to protecting your interests, I urge you to consider the complexities of your situation and the importance of working with professionals who truly understand your needs. At SLS Wills and More, we are dedicated to ensuring your estate plan is robust, tailored, and legally sound, from start to finish.

KENT, UK – 6th February 2024 – SLS Wills and More, the leading estate planning firm headquartered in Kent, is thrilled to announce that they have been shortlisted for two coveted awards at the upcoming Legal Growth Awards 2024. The awards ceremony will be held at the Doubletree by Hilton in Lincoln in March, not far from the SWW head office to which Sara is a Fellow Member and tutor for the College of Will Writing, on the 12th March the winners will be revealed. SLS Wills and More is nominated for the following categories: “Best Website” and “Best Marketing” for their efforts in educating the public about the need for effective estate planning. The Legal Growth Awards, marked by the hashtag #LegalGrowthAwards, recognise and celebrate excellence in the legal industry, specifically focusing on outstanding achievements in various aspects of business development and client engagement. SLS Wills and More’s nominations in both the “Best Website” and “Best Marketing” categories reflect their commitment to innovation, communication and exceptional service in the legal sector. Sara, Founder and Managing Director of SLS Wills and More, expressed her excitement and gratitude for being shortlisted for these prestigious awards: “We are delighted to be nominated for the ‘Best Website’ and ‘Best Marketing’ categories at the Legal Growth Awards 2024. This recognition is a testament to the hard work of the team, which is supported by the 40+ 5-star reviews we have received from our clients over the same period. At SLS, we are dedicated to providing top-notch estate planning services, and our online presence and marketing efforts play a crucial role in connecting with our clients and ensuring their peace of mind.” Sara and the SLS Wills and More team have a track record of success in the legal industry, having been highly commended at the British Wills and Probate Awards for “Will Writing Firm of the Year (National)” in previous years. In addition, they clinched two awards at last year’s Legal Growth Awards for “Best Social Media” and “Best Website.” The team at SLS Wills and More eagerly anticipates the awards ceremony in March, where they will find out if they have been successful in securing the titles of “Best Website” and “Best Marketing.” Their commitment to excellence in estate planning and their dedication to client satisfaction continue to set them apart in the industry. For media inquiries and interview requests, please contact; sara@slswillsandmore.co.uk About SLS Wills and More: SLS Wills and More is a leading estate planning firm based in Kent, UK, providing comprehensive estate planning services to clients seeking to secure their legacies and protect their loved ones. With a strong commitment to professionalism, innovation, and client satisfaction, SLS Wills and More has earned recognition and accolades in the legal industry for their exceptional service and expertise.

SLS Wills and More Founder – Sara Sheppard recently put a post on LinkedIn about probate delays… Here is a quick summary from Sara: In recent times, many of my esteemed colleagues in the field of estate planning, particularly those at STEP – Advising Families Across Generations, and probate practitioners, have found themselves grappling with the frustrating issue of significant delays in obtaining Probate. While there have been changes in management within the Probate Registry, the real question remains whether these changes will lead to the much-needed investment in experienced senior staff to expedite the processing of applications. The press has recently shed light on this problem, but the concern is that it may not necessarily result in improved turnaround times. Instead, it may fuel the emergence of more “solutions to avoid probate.” This is where our collective responsibility as practitioners comes into play. We must address the challenges posed by these delays and provide genuine answers and guidance to our clients and their families. One of the primary concerns is that individuals facing extensive Probate delays might be tempted to explore alternative options, such as placing their properties into trusts. While this can be a viable solution, it is imperative to proceed with caution and consult with a reputable firm that possesses the expertise to offer sound advice. If you come across an advertisement promoting such services, I urge you to exercise due diligence. The marketing of trust-based solutions is not always as transparent as it should be, and you should verify the credentials and reviews of your adviser. Putting your house into a trust is not a straightforward process, and the consequences can be far-reaching, potentially deviating from your initial intentions. It is crucial to remember that your motivations behind such decisions may also be scrutinized to determine if you have deliberately deprived yourself of assets, which could have unintended legal implications. The heightened visibility of severe delays at the Probate Registry may lead to an increase in the promotion of “solutions to avoid probate.” As practitioners, it is our duty to counter this hype with well-informed and genuine solutions. While I may not have all the answers at this moment, it is high time that we, as professionals, take a stand to protect the best interests of our clients and their families. In the face of these challenges, I am reminded of the saying, “Answers on a postcard, please!” While the solutions to Probate delays may not be readily apparent, our commitment to seeking them out and providing reliable guidance to our clients remains unwavering. Let us continue to advocate for the welfare of our clients and work collectively to find ways to navigate these trying times in estate planning.

Dementia is a growing concern in the United Kingdom, affecting not only the individuals diagnosed but also their loved ones. According to the Alzheimer’s Society, there are currently around 850,000 people living with dementia in the UK, with that number expected to rise to over one million by 2025. In this blog, SLS Wills and More explains what you need to know about dementia and estate planning, focusing on Lasting Powers of Attorney (LPA) and how these crucial documents are affected by mental capacity. Types of Dementia: Dementia is not a single disease but an umbrella term for a range of cognitive impairments. The most common form is Alzheimer’s disease, which accounts for around two-thirds of all dementia cases. Other types include vascular dementia, frontotemporal dementia, and dementia with Lewy bodies. Each type has its unique characteristics and progression, making it essential to understand the specific challenges they pose when it comes to estate planning. What is Mental Capacity: Mental capacity refers to an individual’s ability to make decisions for themselves. In the context of estate planning, it is crucial that individuals have the mental capacity to make informed choices about their finances, property, and personal welfare. Where this mental capacity is lacking you’re unable to make documents like a Will or Lasting Power of Attorney. It’s therefore essential to get peace of mind knowing these documents are in place whilst we still have the requisite capacity. When dementia or other cognitive disorders impair mental capacity, it becomes necessary to plan to ensure that your wishes are still respected. Why Make an LPA: Lasting Powers of Attorney (LPA) are powerful legal documents that allow you to appoint trusted individuals, known as attorneys, to make decisions on your behalf should you become unable to do so yourself due to diminished mental capacity. LPAs come in two main forms: Property and Financial Affairs LPA and Health and Welfare LPA. By establishing these documents while you are still mentally capable, you can have peace of mind knowing that your affairs will be managed according to your preferences in the event of dementia or any other incapacitating condition. You pick your attorneys so choose people who you trust. Your attorneys have a responsibility to make decisions in your best interest so any thought of them frivolously spending all of your money can be forgotten. People have been prosecuted for such an act. Lots of people choose children or their partner to act as their attorney. If in doubt, speak to Sara or the team at SLS Wills and More about the appointment of attorneys. Who is Affected by Dementia: Dementia does not just impact the individuals diagnosed; it also takes a toll on their families and friends. The emotional and financial burden can be significant, and proper estate planning can help alleviate some of the stress associated with dementia. It is crucial for family members to be aware of the importance of LPAs and to discuss them proactively with their loved ones. Where to Get Support: If you or someone you know has received a dementia diagnosis, it’s essential to seek support and guidance. In the UK, organizations like the Alzheimer’s Society, Dementia UK, and Age UK offer a wealth of resources, information, and support services for individuals living with dementia and their families. Additionally, speaking to legal experts like Sara and the team at SLS Wills and More can provide invaluable advice on estate planning, LPAs, and ensuring your wishes are protected. Dementia is a growing concern in the UK, affecting a significant number of individuals and their families. Estate planning, especially Lasting Powers of Attorney, plays a vital role in ensuring that your wishes are respected even when faced with diminished mental capacity. If you or someone you know is dealing with dementia, it’s crucial to seek support and professional guidance to navigate the complexities of estate planning. At SLS Wills and More, we are here to help you make informed decisions and secure your future. Don’t hesitate to reach out to Sara and our dedicated team for assistance in safeguarding your estate and ensuring peace of mind during challenging times.

“No one can confidently say that he will still be living tomorrow” – Euripides. Death is an inevitable part of life, and while it’s not a topic we like to dwell on, it’s essential to consider what happens to your body after you pass away, especially from an estate planning perspective. Understanding the legal aspects of body ownership and funeral arrangements can help you make informed decisions and prevent potential conflicts among your loved ones. Ownership of a Deceased Body: The notion of ownership is central to many aspects of our lives, but when it comes to your body after death, things are quite different. Legally speaking, your deceased body is not considered property and cannot be owned by anyone. This principle was established in the case of Haynes in 1614, where it was ruled that there can be no property in a corpse. This means that your body cannot be considered part of your estate, and your beneficiaries have no legal rights over your remains. Responsibility for Funeral Arrangements: While no one can claim ownership of a deceased body, the responsibility for deciding what happens to your body after death falls on your personal representatives. Personal representatives are individuals appointed by you in your Will as executors. They are tasked with carrying out your wishes, including any funeral or burial arrangements you specify in your Will. When you pass away without a Will or fail to provide clear instructions regarding your funeral wishes, conflicts may arise among family members or those handling your estate. To avoid such disputes, it is essential to appoint trusted individuals as your executors and clearly outline your funeral preferences in your Will. This way, your wishes will be legally binding, and your executors can ensure they are carried out accordingly. Changing Times and Environmental Considerations: The law regarding the disposition of deceased bodies has remained largely unchanged for centuries. However, societal norms and environmental concerns are evolving. Modern alternatives to traditional burial and cremation methods, such as resomation and cryomation (immersing a body in liquid nitrogen), are gaining popularity. The law needs to adapt to these changes to accommodate more sustainable and environmentally friendly practices. Recognising this need, the Law Commission has initiated a project to create a modern framework for disposing of the deceased. This project aims to review existing laws on cremation and burials, address the legal status of a deceased person’s wishes regarding their body, and clarify the rules regarding the ownership of a body after death. It’s an important step towards aligning the law with the evolving expectations and practices in our society. Recent Case: OTITOJU V ONWORDI [2023] EWHC 2665 A recent case underscores the importance of having a clear legal framework in place. In the case of OTITOJU V ONWORDI [2023] EWHC 2665, a dispute arose over the possession of a deceased’s body and funeral arrangements. The court’s decision highlighted the significance of having a valid Will, as it determined who had the right to possess the body and make funeral arrangements. Remember – your body after death cannot be owned by anyone, but the responsibility for making funeral arrangements lies with your executors, as appointed in your Will. To avoid potential conflicts and ensure your wishes are carried out, it’s crucial to create a Will that includes clear instructions regarding your funeral preferences. If you have any questions, feel free to reach out to our friendly team for guidance.