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Mogers Drewett: taking control after a life changing diagnosis

Diagnosis of a life limiting illness will undoubtedly result in you experiencing a range of emotions. What you’re dealing with may feel overwhelming but talking though your worries and importantly your priorities can help you feel more in control.

In the second of Mogers Drewett’s series of podcasts, Sarah Dodd, Head of Legacies at Dorothy House talks to David Hill a partner in the Private Client team at Mogers Drewett Solicitors about ‘your options following a life limiting diagnosis’ in the hope that understanding these options will empower you to take control.

Can I make a “Deathbed” Will?
Because of potential issues with lack of capacity, a Deathbed Will (ie a Will that is made at the end of life) is not ideal and could be open to challenge. However, if this is your only option and because time is short, then yes, it may be possible to complete a Deathbed Will. This would enable you to decide what happens to your estate. We will always advise clients to put a Will in place as soon as they can and not wait until a Deathbed Will becomes their only option. Being proactive reduces the amount of anxiety for everyone involved.

Why is it important to make a Will?
The thought of making a Will is something many of us are uncomfortable with, but we can’t emphasise enough the importance of getting your affairs in order. As time goes by other factors can influence your ability to make a Will. For example, you may lose capacity and if this happens you will not be able to make a Will. If there is any doubt upon whether someone had capacity when making a Will this could lead to a Will being contested.

What happens if I am too ill to make a Will?
If you become too ill to make a Will then the rules of intestacy will apply. This means that the law will decide who will inherit your assets. Whilst this may work in some circumstances, in others it may not (for example couples who are not married or in a civil partnership, or those with young children).

How fast can you do a Will?
If Mogers Drewett can speak to you and are are confident that you have capacity, then they will do everything they can to put a Will in place at a time and location to suit you especially if this is your only option. The solicitors understand that having these conversations can be difficult and emotional but please do come and speak to them. They often find that after these discussions families feel a huge sense of relief.

Listen to the full conversation between Sarah and David here https://dhpodcast.podbean.com/ and start getting your affairs in order today.

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