Going Away This Summer? Make Sure Your Affairs Are in Order

Going away this summer should be about making memories, not worrying about what might happen if the unexpected occurs. Taking a few simple steps to get your affairs in order before you travel can provide valuable peace of mind for you and your loved ones.

Summer is the season for holidays, adventures and long-awaited trips abroad. For many people – particularly those enjoying retirement or later life – travelling is an opportunity to tick destinations off the bucket list and spend quality time with family and friends.

While nobody likes to think about becoming ill or having an accident while overseas, travelling often prompts people to reflect on whether they have their legal affairs organised at home.

The good news is that a little planning before you leave can give you confidence that, whatever happens, the people you trust will know your wishes and have the legal authority to help if needed.

Why summer is a good time to review your affairs

Preparing for a holiday often involves checking passports, arranging travel insurance and making sure the house is secure.

It can also be the perfect reminder to review your:

• Will
• Lasting Powers of Attorney (LPAs)
• Important financial documents
• Estate planning arrangements

For a wider checklist, our article on spring cleaning your legal documents is a helpful starting point.

These aren't tasks to put off until later in life. They are sensible steps that can make life much easier for your family if circumstances change unexpectedly.

Is your Will up to date?

Making a Will is one of the most important ways to ensure your wishes are respected after your death.

Before travelling, ask yourself:

• Does my Will still reflect my wishes?
• Have there been any major life changes since I last reviewed it?
• Have I married, divorced or welcomed grandchildren?
• Have I bought or sold property?
• Have my executors changed?

Many people make a Will and then forget about it for years. However, life changes quickly, and your Will should be reviewed regularly to ensure it still reflects your circumstances.

If a Will is missing or out of date, our guide to what happens if there’s no Will explains why this can create difficulties for families.

Have you made Lasting Powers of Attorney?

One of the biggest misconceptions is that your spouse or adult children can automatically make decisions on your behalf if you become unable to do so.

Unfortunately, that is not the case.

A Lasting Power of Attorney (LPA) allows you to appoint someone you trust to make decisions if you lose mental capacity.

There are two types of LPA:

• Property and Financial Affairs LPA, which covers financial decisions.
• Health and Welfare LPA, which covers medical treatment and care decisions.

Without an LPA, your loved ones may need to apply to the Court of Protection before they can help manage your affairs – a process that can be expensive and time-consuming.

Organise your important information

Before travelling, it can be helpful to make sure someone you trust knows where important information is kept.

This might include:

• Details of your Will
• Your solicitor's contact details
• Insurance policies
• Pension information
• Bank account details
• Property documents
• Emergency contacts

You do not necessarily need to share confidential information itself but letting trusted family members know where documents can be found can save considerable stress if they are ever needed.

Review your estate planning

For those with significant assets, family businesses or investment portfolios, summer can be a good opportunity to review wider estate planning arrangements.

This may include:

• Inheritance Tax planning
• Lifetime gifting
• Trust arrangements
• Business succession planning
• Reviewing beneficiary nominations on pensions or life insurance

Even if your plans have not changed, a periodic review helps ensure everything continues to work together as intended.

Think about your digital life

Many of us now manage significant parts of our lives online.

Consider whether someone would know how to deal with:

• Online banking
• Email accounts
• Digital photographs
• Social media accounts
• Subscription services
• Cryptocurrency or online investments

Keeping an up-to-date record of your digital assets and account information can make administration much easier for your executors or attorneys in the future.

The same issue is covered in our article on digital assets in a Will, which explains why online accounts should not be overlooked.

Peace of mind starts with preparation

Most holidays pass without incident but putting your affairs in order before you travel is not about expecting something to go wrong. It is about ensuring that, if the unexpected does happen, your family knows your wishes and has the legal authority to act in your best interests.

Thinking about updating your Will or making an LPA?

If you are preparing for a trip abroad and would like to review your Will, make a Lasting Power of Attorney or discuss your estate planning, speak to our Wills & Probate solicitors who can help ensure your affairs are organised and your loved ones are protected.

Disclaimer: The content of this website blog is for general awareness and insight. This is not legal or professional advice and readers should not act upon the information provided, they should seek professional advice based on their own particular circumstances. The law may have changed since this article was published.

FAQs: Getting Your Affairs in Order Before You Travel

Should I update my Will before going abroad?

If your circumstances have changed since your Will was written, it is sensible to review it before travelling. It can become more important to review your Will if you are away for an extended time, e.g. spending months in a holiday home.

Do I need a Lasting Power of Attorney if I already have a Will?

Yes. A Will only takes effect after death, whereas a Lasting Power of Attorney allows someone to make decisions for you during your lifetime if you lose mental capacity.

Can my family automatically manage my finances if I become ill abroad?

Not necessarily. Without a Property and Financial Affairs Lasting Power of Attorney, they may need legal authority through the Court of Protection.

How often should I review my estate planning?

It is good practice to review your Will and estate planning every few years, or sooner if you experience significant life changes such as marriage, divorce, retirement or acquiring substantial assets.