Before you travel on a family holiday, you probably check passports, travel insurance and packing lists. It is also a sensible moment to check your Will and Lasting Powers of Attorney. Are they in place and up to date? Nothing about travelling changes the law. However, it is a natural prompt to make sure the right people could step in if something happened.
This guide explains what Wills, guardians and LPAs do and what they do not do. It also lists the practical checks worth making before you go.
Check Your Will Is Up to Date
Your Will sets out who deals with your estate and who inherits. It also names who would look after your children if you died. Ask yourself:
- Do you have a Will, and does it still reflect your wishes?
- Have you married, entered a civil partnership, separated or divorced since you made it? Marriage and civil partnership normally revoke an existing Will, and divorce or dissolution changes how it works.
- Have you had more children, or have your children’s needs changed?
- Are your executors still the right people, and have you named substitutes?
If you live with a partner but are not married or in a civil partnership, a Will is particularly important. Unmarried partners do not inherit anything under the intestacy rules. Also, there is no such thing as “common-law marriage” in England and Wales.
Our page on marriage, divorce and your Will explains how those events affect an existing Will.
Guardians for Your Children
If you have children under 18, your Will can appoint guardians. It helps to understand when they would actually act:
- A guardian you appoint in your Will only takes over after your death. Normally, they only act when no parent with parental responsibility survives you.
- You do not need to change your guardians just because they, or you, are going on holiday. The appointment only matters if it is ever needed. Also, a Will can name substitutes in case your first choice cannot act at the time.
- Even if your children travel with you, it is still worth naming guardians, because the appointment covers the situation where both parents die.
It is best to set out your wishes about your children’s upbringing, schooling, religion and routines in a letter of wishes. Keep it with your Will rather than putting these wishes in the Will itself. This letter is not legally binding, but it gives your guardians clear guidance. You can also update it easily.
Lasting Powers of Attorney
A Lasting Power of Attorney (LPA) lets you appoint people you trust to make decisions for you. For example, they could act if a serious accident left you unable to decide.
- A Property and Financial Affairs LPA lets your attorneys deal with your bank accounts, bills and property. With your permission, attorneys can use it while you still have capacity. This can help if you are away for a long period.
- A Health and Welfare LPA lets your attorneys make decisions about your care and medical treatment. However, they can only do so when you lack capacity for that decision.
You must make an LPA while you have mental capacity. The Office of the Public Guardian must then register it before anyone can use it. Registration currently takes around 8 to 10 weeks, so an LPA made just before you travel will not be usable straight away. The OPG fee is £92 per LPA, with reductions or exemptions available in some cases. GOV.UK has more on Lasting Powers of Attorney.
What LPAs do not cover
Your attorneys act for you, not for your children. An LPA does not give anyone parental responsibility or authority to make decisions about your children. If one parent is unable to act, the other parent with parental responsibility normally continues to care for the children. Suppose both parents were seriously injured but alive. In that case, a guardian named in a Will would not yet have any role, because those appointments only take effect on death. So the family would need other arrangements, such as a relative caring for the children informally or, in some cases, a court order. If this is a concern for your family, we can refer you to an appropriate professional for advice.
If you leave children with relatives or friends while you travel, you can give them written consent to look after the children. That consent can also cover seeking medical treatment in an emergency. This does not give them parental responsibility, but it can help in practice.
Practical Checks Before You Travel
- Make sure your executors and attorneys know where you keep your Will and LPAs. If we store your Will under the Safe Will Plan, tell your executors.
- Leave anyone caring for your children a note with emergency contacts, GP details, allergies, medication and routines.
- Check that your children’s school and GP have up-to-date emergency contacts.
- Keep copies of important documents and contact details somewhere a trusted person can find them. Do not write passwords into your Will.
Property or Assets Abroad
If you own property or have assets outside the UK, the law of that country may affect how they pass on death. A.D.E. Wills advises on assets in England and Wales. We can also word your English Will so it works alongside any foreign arrangements. For advice on the foreign assets themselves, we recommend speaking to a lawyer in the country concerned.
Keeping Things Under Review
It helps to look at your Will and LPAs every year or so, and after any major change in your life. For Wills written by A.D.E. Wills, the Legacy Care Plan includes a yearly review. It also includes one minor update a year and a new Will every three years.
How A.D.E. Wills Can Help
A.D.E. Wills is a small practice run by Edward Richings, a Full Member of the Society of Will Writers. We can write or update your Will, including guardian appointments and a letter of wishes. Edward can also prepare and register your LPAs. We offer our Wills and LPAs at a fixed fee, shown on our Wills Pricing and LPAs Pricing pages. If you need a Will quickly, see our Emergency Wills page.
To talk about your Will or LPAs, call 01865 507174 or email info@adewills.co.uk. You can read more about our Will writing service.
