I have been reading with intrigue the unfortunate case emerging out of the estate of the late Aretha Franklin.

Like so many estate disputes, this one has arisen out of a handwritten Will (indeed, several handwritten Wills!). It is a running theme of this blog (see here and here) that the person who drafts their own Will, does so at their peril (and for that reason, I will not labour the point today). I am instead inspired to write this blog on a more nuanced issue that arises often when people think about tending to their affairs: loss of privacy and control.

In common with Aretha, many clients have expressed to me over the years that they have put off preparing their Wills as they perceive a loss of privacy. Indeed, we have covered that issue before in this blog.

In fact, the opposite is true. Solicitors are under a duty to keep your affairs completely private and confidential. Further, we can provide advice as to how to ensure that executors receive all the information they need to administer your estate in a way that never compromises your privacy whilst you are alive. Often people think they need to provide more information to executors than is actually required. Telling your executor, you have an account with a particular bank is perfectly sufficient. Whilst an account number is occasional helpful, you certainly don’t need to record anything that might enable a person to access those assets such as your PIN number or online password (indeed, writing these down is likely to a breach of the bank’s terms and conditions).

Especially prevalent with both Wills and powers of attorney is the feeling that a person is losing control over their own affairs. Again, it is the opposite that is true. If you lose capacity without a validly appointed attorney, anyone (including the local authority or your estranged child) might apply to the Court of Protection to be appointed your deputy. Likewise, appointing executors in a Will is the only way you maintain control over who administers your estate after you die.

Very often we are faced with the query as to whether granting someone the right to manage your affairs mean that you yourself lose some control. Hopefully this blog will act as reassurance that this is simply not the case.

Of course, the errant attorney that spends your money without your permission and whilst you are entirely compos mentis does sadly (although rarely) occur. Even then though, the fact you have capacity and are able to attend to your own affairs mean that this is usually spotted very quickly and dealt with, often within the family, but sometimes by the relevant safeguarding authorities (Court of Protection and the Police) who view such behaviour very dimly. Likewise, if you plan ahead now (such as putting in place adequate insurance) then that possibility can be completely mitigated.

If you have been putting off your own affairs due to the concerns highlighted in this blog, please do not hesitate to contact any member of our Wealth Management and Taxation Team by email or on 01494 521301 for advice (and reassurance!)