How to take some of the stress out of ‘sadmin’ for wills, power of attorney and probate

Unfortunately it isn’t always plain sailing.

An old adage is that the best time to write a will was yesterday.

Yet up to 60 per cent of people don’t have one.

That means that the distribution of one’s estate after you die might become a needlessly messy and fraught ordeal.

If you die without a will, your estate will be divided up in line with the rules of intestacy.

This means you will have little control over who receives your estate.

The most recommended course of action is to choose a reputable service to help you write a will.

It isn’t enough to just simply write down on a piece of paper where you would like your assets to go after you die and presume that is how it’ll play out.

A will that is not properly signed and witnessed is invalid.

A will’s importance isn’t just to do with the division of assets.

They are also used to have a say over who should look after your dependents.

If they’re under 18, you can appoint legal guardians and if you don’t it’ll be up to the courts to decide, who may choose a person you don’t agree with. You can access free information about will writing at which.co.uk/money.

For peace of mind that somebody you trust can legally make decisions on your behalf, you can appoint a power of attorney.

However, for those chosen to be an attorney, registering and then using that power with financial institutions is often easier said than done.

Recent Which? research found that nearly three in 10 of 1,530 registered attorneys in a Which? survey have faced difficulties trying to use their power with banks or building societies, adding unnecessary stress to an already demanding responsibility.

Despite the importance of having power of attorney for loved ones, frustrated relatives and friends told us about their struggles with delays, with one describing the experience of registering as ‘an absolute nightmare of obstruction and bureaucracy’.

Consumers should be able to easily contact companies, without unnecessary barriers and in the way that suits them best.

Everybody should be able to get the answers they need without long waits or endless loops, be kept informed and treated fairly, with empathy and as an individual.

Finally, dealing with probate after a loved one has passed away has also become more difficult.

If you need to speak to HM Courts & Tribunals Service (HMCTS) with a query about probate, this may be more difficult as it announced last month that its helpline opening hours will be restricted for the next three months due to a backlog in cases that is already causing year-long delays for families.

Lines will be open between 9am and 1pm, Monday to Friday, instead of the usual 9am to 5pm - and those calling after 1pm will instead be directed to HMCTS’ webchat.

For anybody who’s needed to rely on a company’s webchat recently, this hardly inspires confidence that your query will be dealt with capably and efficiently - not least a potentially complex probate case.

A survey of its members by inheritance advisers STEP found that nearly seven in 10 (68 per cent) said the key factor behind a delay in their probate application was due to probate registry errors, while three fifths (61 per cent) said delays were due to a lack of senior staff to review cases.

Companies and government agencies can’t make these processes fun, but they can - and should - take steps to ensure they aren’t responsible for adding unnecessary stress to an already demanding responsibility.