MP Estate Planning UK

Serious Illness Diagnosis: Why You Need Estate Planning Now

estate

Facing a life-changing health event can make everything feel urgent. We understand this. We write from experience and want to give clear, calm steps you can use right away.

This guide is about control, not pessimism. It explains simple actions: your Will, who can step in to help, and how your estate is handled if you die. You do not need legal training to follow it.

Start by gathering the right information while you still have the time and headspace. Small tasks now save stress later for your family.

We present a practical, UK-focused how-to in stages. Expect checklists for the first week, notes on mental capacity, Wills and intestacy, children and guardianship, money management, benefits and probate preparation.

Think of this as a living plan. You can update it as treatment, care needs and family changes happen. We are here as your supportive team to protect your loved ones and reduce worry.

Key Takeaways

  • Act now: small steps save time and stress later.
  • Gather clear information early while you can.
  • Wills, guardianship and money notes are core elements.
  • This is a living plan — update for changes in care or family.
  • We are your supportive team, focused on protecting your family.

What a serious illness diagnosis changes for your estate, finances and family decisions

A new medical reality can quickly alter income, care needs and who takes key decisions.

What typically shifts: income and work patterns may change. Benefits and treatment choices become part of daily planning. Family members often step in for day-to-day decisions.

Why act now: while you have clear capacity, you can record your wishes and name who should help. This reduces guesswork and family stress later.

  • Connect care priorities with practical finances so money does not become the loudest voice.
  • Coordinate services — GP, hospital teams and social care assessments — to make support clearer.
  • Even small steps this week can protect your future and ease pressure on those who help.

Example: one partner becomes unwell and has already named who handles bills and care. Early choices prevent delays and disputes.

people living with care needs

AreaCommon changeQuick action
IncomeReduced earnings or stopped workRecord sources and contact benefits support
DecisionsFamily makes day-to-day choicesName trusted decision-makers and document wishes
CareNew services and assessmentsList GPs, hospital contacts and social care teams

For clear, practical guidance on next steps and to protect your family, see our short guide on protecting your family’s future.

estate planning after receiving a serious illness diagnosis uk: a practical first-week checklist

A short, organised checklist in the days ahead gives you control and practical help for the people who support you.

Gather key documents and information

What to collect first: bank details, mortgage and property paperwork, pension letters, insurance policies and any existing Will or letter of wishes.

Create a one-page snapshot that lists accounts, regular bills and where each document is kept. This makes money and document checks quick for whoever needs them.

estate planning first-week checklist

List the people who may need to make decisions

Write down who you want to step in: partner, adult children, close friends or professional contacts.

Note what each person could do — pay bills, contact services, or speak to medical teams. Keep contact details with the main folder.

Record immediate care wishes and what matters most

Say plainly what you want: home or hospital preferences, who to call first and any personal requests that matter to you.

Make sure the information uses clear file names and is kept in one known place. Share copies with the people you trust.

  • Keep paperwork simple and labelled.
  • Give one trusted person the folder location.
  • Update the snapshot when details change.

“Having documents in one place meant Mum’s insurer was contacted the same afternoon and pension nominees were checked within days.”

This checklist speeds up urgent admin and helps services act faster. For most people, one tidy folder and a short note of wishes solve the immediate tasks and reduce stress for everyone involved.

Understand mental capacity and who can make decisions if you cannot

When thinking ahead, it helps to be clear about who can step in if you cannot speak for yourself.

Mental capacity means you can understand information, weigh options and communicate a choice. We use the phrase mental capacity to describe that ability. If capacity changes, some legal document choices may no longer be valid.

What this looks like in practice

  • You may struggle when tired, stressed or on strong medication.
  • Capacity can vary by decision — someone may decide about daily care but not complex finances.
  • If you lose capacity, you need someone authorised to make decisions for you.

mental capacity

Choosing someone you trust

Pick a person you know will act as you would. Look for honesty, calm and practical sense. We call this someone else who can make decisions on your behalf.

Health choices and finances choices are different. You can grant separate powers. For financial authority, many people use a power of attorney. Arrange this while you still have capacity.

Talk clearly about limits: what you want, what you do not want, and who else they should consult. Write notes after the chat and keep them with your key papers. Get professional advice early if family links, business interests or pressure from others could complicate matters.

Make or update your Will to avoid the rules of intestacy

Without a current Will, the law decides who receives your property and money. That process is called the rules intestacy and it applies when a Will is missing or invalid.

Intestacy aims to protect a spouse or civil partner and any children. It covers legally adopted children too.

But there are clear gaps. Unmarried partners and step-children may receive nothing under the rules intestacy. That can leave your possessions with people you did not choose.

  • What a Will does: names who inherits your estate, who handles paperwork and who receives specific gifts.
  • What can go wrong: intestacy can pass property or money to distant relatives, creating delay and disputes.
  • Probate note: those who inherit under intestacy usually manage probate and administration themselves.

rules intestacy

If you have no living relatives, your estate can pass to the Crown. The office responsible differs across the nations:

NationResponsible office
England & WalesTreasury Solicitor
ScotlandKing’s and Lord Treasurer’s Remembrancer
Northern IrelandCrown Solicitor’s Office

Review any Will you already have. Check executors, guardians for children, and whether gifts reflect your current wishes.

Get advice if you have a second marriage, blended family or want to leave money to friends or chosen family. We can help you make choices that match your life and protect the people you care about.

Plan for children and guardianship in a way the courts can act on

Naming who should care for your children gives clear direction to your family and to the courts. A Will is the best legal document for this choice if you are able to sign one.

Appointing a guardian and what responsibility means

A Will can say who you want to look after your children. If that person agrees, they gain legal rights and responsibilities to care for them.

That role covers: daily care, schooling decisions and general welfare. It does not automatically pass on money unless you name trustees.

children guardianship

Age rules across the nations

“Young children” usually means under 16 in Scotland.

In England, Wales and Northern Ireland the cut-off is under 18. This difference matters when you choose who will step in.

Common situations where planning is vital

  • Separated parents where responsibility can be challenged.
  • Blended family households or when a step-parent cares but lacks legal status.
  • When one parent is the only living parent or the other lives abroad.

What if both parents die without a Will?

If no Will names a guardian, the court decides. This can take time and, in the meantime, children may enter foster care.

Planning avoids that delay. It tells the court your clear wishes and helps keep children with people you trust.

“When parents were separated, naming a guardian in the Will made the court decision straightforward and kept the children with their aunt.” — example

For more detail on how a named guardian works, see our note on what happens if your Will doesn’t specify a. Choose a person who can provide stable care and write short notes explaining your reasons.

IssueWho may actHow to fix it now
Other parentUsually automatic unless unsuitedName a backup guardian in your Will
Step-parentNo automatic responsibilityGrant parental responsibility or name them in the Will
Both parents dieCourt decidesName guardians and trustees clearly

Put day-to-day money management in place for when you need help

Practical money arrangements let those who help act quickly and securely.

Two simple choices are common: share a joint bank account or give a third-party mandate. Both let someone else pay bills and manage routine spending.

bank money

Joint bank accounts — what you need to know

Both holders can withdraw and make payments. Both are also liable for any overdraft.

If one person dies, the other usually inherits the account balance and any overdraft responsibility. This makes life easier for day-to-day cash, but it may complicate the wider estate later.

Scotland difference

In Scotland, money you paid into a joint account can sometimes still be treated as your own on death. If you can prove you added funds, that part may form part of your estate.

Third-party mandates — limits and bank rules

A mandate keeps the account in your name while authorising someone else to transact. Banks usually ask for a signed form and ID. They may refuse or set conditions.

  • Mandates should stop if you lose capacity or die. The nominated person must tell the bank if your condition changes.
  • Make sure there is a clear bills list, direct debit note and a short written document explaining how you run the household.
  • Choose someone else who is trustworthy and keep records of transactions to avoid disputes.

For practical guidance on sorting financial and practical affairs, see sorting practical and financial affairs.

Arrange support for benefits and income if you cannot manage claims yourself

Simple steps now can let a trusted person handle benefit collection while you focus on care.

We explain the difference between someone who simply collects payments and someone who manages benefit claims for you.

How to let someone collect your state benefits safely

You can ask a trusted person to collect payments. If money is paid into your bank or building society account, banks may accept a third‑party mandate so another person can withdraw on your behalf.

Using a mandate for benefits paid into a bank or building society account

Ask the bank what paperwork they need and keep written confirmation. Make sure the mandate states when it should stop, for example if your condition changes or you regain control.

Post Office card account collections and who to contact

If payments use a Post Office card account, speak to your local Post Office about authorised collection. Otherwise contact the office that handles payments: Jobcentre Plus in Great Britain or the Jobs and Benefits office in Northern Ireland.

Appointees for managing benefit claims: responsibilities and risks of overpayment

You can nominate an appointee to manage claims and speak to benefits offices. They must keep information accurate and notify changes.

  • An appointee deals with claims and keeps records.
  • They may be asked to repay overpayments if details were not kept up to date.
  • Keep a paper trail: dates, names, and confirmation letters saved with your other key documents.

“When treatment meant hospital stays, naming an appointee kept our household income steady.” — example

If forms feel overwhelming, use a support line from DWP or trusted advisers for clear advice. We can guide you through the steps and the service options that suit your needs.

Protect property, possessions and probate paperwork so your estate is easier to deal with

A tidy record of property and valuables makes a difficult time far easier for those who must act.

Start by creating a clear inventory of your main property, high-value possessions and everyday items. Say where each item is kept and note any proof of ownership. Keep entries short. Add photos or receipts where useful.

Why this helps: a quick list turns a long search into a simple task for the person sorting affairs. It saves time and reduces risk of family dispute.

Create a simple structure for the inventory

  • Address and title information for each property you own or share.
  • List valuables and possessions with location and proof (warranties, receipts).
  • Digital accounts and passwords — note the place where they are stored.
  • Who has copies of key paperwork and how to access them.

Reduce probate delays and flag complications early

Document where probate paperwork lives. Name the person with the main copy. Note any shared ownership or unusual arrangements that may form part of the estate.

IssueWhat to listQuick action
Joint ownershipProperty title, bank accounts, share percentagesNote deeds and contact details for co-owners
Missing papersProof gaps for possessions or paymentsPhotograph items and record purchase details
Potential disputeUnclear gifts, verbal promises, family claimsWrite short notes explaining your wishes and witnesses

Make sure trusted people know the place of the inventory. Keep it secure. Update it for any changes in minutes, not hours. A small effort now can save months of work for your family.

Conclusion

A few straightforward choices today can give your family calm, practical instructions for care and money matters.

We recommend three quick first steps: use the first-week checklist, have one clear conversation with the people you trust, and book a meeting to start legal paperwork. These actions protect your wishes and make future decisions easier.

Planning helps if energy is limited. It keeps finances and daily admin simple. One small example of a viable plan: one folder for documents, one conversation about wishes, and one appointment with a service provider or solicitor.

Make sure you set powers while you can. A power attorney and a valid Will give others the legal authority to act. The right approach can differ across the UK, including Northern Ireland, so get tailored support.

If you want to take the next step today, we can help you secure your family’s future with our online. We will organise property belongings, paperwork and responsibilities so your family has clarity when it matters most.

FAQ

What should I do in the first week after a serious illness diagnosis?

Gather key papers and contacts straight away. Make a list of bank details, mortgage or property deeds, pension and insurance policies, and any existing legal documents such as Wills or powers of attorney. Note who needs to be told — family, GP, employer — and record immediate care wishes so carers know what matters most to you. Keep copies in one safe place and tell a trusted person where they are.

Why act now while I still have capacity?

Acting early lets you make clear, legally valid decisions while you can. You can choose who will manage money or health decisions, set out how property and belongings should be shared, and reduce the chance of disputes later. Making documents now saves time, stress and cost for your family when they need certainty.

What does “mental capacity” mean and how does it affect legal documents?

Mental capacity means being able to understand, retain and weigh information to make a decision, and then communicate that choice. It is decision-specific and can change over time. If you lack capacity, you cannot sign Wills or make new powers of attorney, so it’s important to act while you can. Medical and legal advice can clarify capacity if there is doubt.

How do I choose someone to make decisions for me?

Pick people you trust, who understand your values and can handle practical tasks. For health decisions, choose someone who will follow your wishes; for finances, choose someone organised and honest. Discuss your choices with them and consider naming deputies in Northern Ireland or making Lasting Powers of Attorney in England and Wales, and continuing powers in Scotland.

What happens if I die without a Will?

The rules of intestacy decide who inherits. These rules may not match your wishes. Spouses and civil partners usually inherit first, but unmarried partners and some step-children can be left out. That can mean property and money pass to relatives you wouldn’t choose. Making or updating a Will avoids this problem.

Will an unmarried partner or step‑child automatically inherit?

Not necessarily. Under intestacy an unmarried partner may not inherit automatically, and step‑children usually have no automatic claim. If you want to protect them, make a Will or use trusts to be clear about gifts and guardianship for any children.

What if I have no surviving relatives?

If there are no qualifying relatives under intestacy rules, assets can pass to the Crown. A Will lets you nominate charities, friends or other beneficiaries instead. That’s another reason to put wishes in writing.

Do rules differ across England and Wales, Scotland and Northern Ireland?

Yes. Inheritance rules, powers of attorney and probate processes vary by jurisdiction. For example, Scotland has different intestacy shares and terminology. Seek local legal advice so documents meet the rules where you live.

How do I appoint a guardian for my children?

Name a guardian in your Will and explain practical wishes for the child’s upbringing. The court takes your choice seriously but will act in the child’s best interests. Appointing a guardian is especially important for separated or blended families, or if you are a sole parent.

What age counts as a “young child” for guardianship planning?

Age thresholds vary, but guardianship planning is relevant for any dependent child under 18 in England, Wales and Northern Ireland, and under 16 in Scotland for some matters. Check local rules and include clear instructions in your Will.

How should I handle joint bank accounts and third‑party mandates?

Joint accounts give access to both holders, but entitlement on death can be complex. In England and Wales, joint money often passes to the survivor, though banks may still treat some funds as part of your estate. Mandates allow someone to operate your account while you can still make decisions but can end if your capacity changes. Speak to your bank to understand their requirements.

How do I arrange benefit or income support if I can’t manage claims?

You can appoint an appointee to manage state benefits. Use a bank mandate for benefits paid into your account, or arrange for payments to be made to a trusted person where allowed. The Post Office and DWP have specific processes for card accounts and appointees — contact them early to avoid payments stopping.

What is an appointee and what are the risks?

An appointee is someone approved to claim and manage benefits on your behalf. They must act in your best interests and keep records. There is a risk of overpayment if rules aren’t followed, so an appointee needs to be reliable and communicate with the DWP.

How do I protect property, possessions and probate paperwork?

Create a clear inventory of land, insurance, pensions, valuable possessions and where key papers are stored. Give your executor or trusted person copies. Flag any shared ownership, trusts or unusual assets early to avoid probate delays and family disputes.

What common probate complications should I watch for?

Look out for missing Wills, disputes between family members, jointly owned but disputed property, and unclear instructions on valuable items. Early advice from a solicitor or probate service can resolve issues before they grow.

Who can help me put these measures in place?

We recommend a team approach: a solicitor experienced in Will writing and powers of attorney, your GP for capacity matters, your bank for account mandates, and, if needed, an independent financial adviser for pensions and tax issues. Support lines and charities can offer practical guidance and emotional support.

Where can I get urgent, independent information and support?

Contact Citizens Advice, Age UK, or your local law centre for free guidance. For legal documents, consult a regulated solicitor or a recognised Will-writing firm. Health charities related to your condition also often provide practical help about benefits, care and what to prioritise.

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