Only 1 in 4 Pet Owners Include Their Pets in Their Will, New Census Reveals Only 26 % of people over 30 have provided for their pets in their Will, and 59% didn’t realise their pets are legally considered assets according to a recent census completed by Censuswide on behalf of The Association of Lifetime Lawyers. This lack of awareness could leave thousands of beloved animals at risk when their owners pass away. Are Pets Considered Property in a Will? Yes. Under UK law, animals are generally considered property, or ‘chattels’. This means that a pet owner is free to care for their pet in any way they see fit (provided that this treatment does not cause unnecessary suffering). Animal owners are also able to sell their pet at any time. This is often beneficial and offers pet owners a lot freedom with how they deal with their pets. While this legal definition allows flexibility for owners during their lifetime, it can create serious problems when the owner dies, especially if there’s no plan in place for who will take custody of the pet. The Growing Importance of Pet Custody in Estate Planning Animals are not capable of possessing money or property and therefore cannot be left anything to inherit in a Will. It is therefore essential that pet owners specify in their Will who they would like to care for their pet when they pass away. Once a pet owner has decided who will care for their pet, it is also possible for them to ring-fence money in their Will so that it can only be used for the continued care of the pet. In addition, pet owners should recognise the importance of reviewing their Will regularly to ensure that it covers any new pets that may join them during their lifetime. The Risks of Not Planning Ahead Failing to make legal arrangements for your pet could result in: Unwanted pet custody outcomes (e.g. pets being passed to shelters) Family conflict or legal disputes Stress or trauma for your pet during an already difficult time By acting now, you ensure your animal companions are protected and cared for in line with your wishes. How to Legally Provide for Your Pet in a Will At Browell Smith & Co. we understand the importance of keeping your pets safe and cared for when you pass away. That is why our specialist legal team are able to advise clients on all of the possible options regarding their pets, so that you can choose the best option for your particular situation. Contact our friendly team by phone 0191 691 3417 or email probate@browells.co.uk.
Why you should plan ahead with a Health and Welfare Lasting Power of Attorney Planning for the future is one of the most important things you can do to protect your health and wellbeing, especially as you get older. A Health and Welfare Lasting Power of Attorney (LPA) allows you to choose someone you trust to make decisions about your care, treatment and daily life if you lose the ability to decide for yourself. Without a legally binding LPA in place, your loved ones may be unable to act on your behalf, even in urgent situations. That’s why planning ahead with a Health and Welfare LPA is essential for anyone who wants peace of mind and control over their future. What is a Health and Welfare Lasting Power of Attorney? A Health and Welfare LPA is a legal document that lets you appoint one or more people (known as attorneys) to make decisions about your personal health and care if you lose mental capacity in the future. It covers decisions such as: Where you live and who cares for you What you eat and wear Your daily routine The medical treatment you receive Whether to continue or refuse life-sustaining treatment Your end-of-life care and organ donation wishes By creating an LPA, you make sure that your preferences are known and legally recognised, and that someone you trust is empowered to speak up on your behalf. Why Set Up a Health and Welfare LPA? Many people assume their spouse or children will automatically be able to make decisions if something happens. But in the UK, this is not the case unless a Lasting Power of Attorney is in place. Benefits of setting up a Health and Welfare LPA: Legally protects your future healthcare decisions Avoids delays or complications in urgent situations Reduces emotional stress for family members Gives you control and confidence about your future Whether you’re planning ahead due to age, illness, or simply peace of mind, putting an LPA in place ensures your voice is heard even when you can’t speak for yourself. Steps to set up a Power of Attorney: 1. Think about your future wishes and write them down Take some quiet time to reflect on what you would want if you could no longer make decisions about your own care. Would you prefer to stay at home rather than move into a care facility? Do you have strong feelings about life-sustaining treatment or pain relief? Are there cultural, religious or personal preferences that should be respected? Writing down your thoughts can help you understand what matters most and start to form a clear plan. 2. Have the conversation Once you’ve thought about your wishes, it’s time to talk to those closest to you. Choose someone you trust such as a family member or close friend and let them know how you feel about your future care. These conversations can be difficult, but they’re important. Talking now means your loved ones won’t be left guessing later. It also gives them the chance to ask questions and feel confident in their ability to support you. Remember: it’s never too early to start the conversation, but it can be too late. 3. Finalise Your LPA with a Legal Professional While it’s possible to create an LPA yourself using online forms, mistakes or vague wording can cause serious problems down the line. A DIY LPA may not fully reflect your wishes, or it could be rejected altogether. That’s why it’s best to speak to a specialist legal professional who understands the complexities of Health and Welfare LPAs. They’ll make sure your document is legally valid, accurately reflects your preferences, and considers all the right questions, even the ones you haven’t thought of. Frequently Asked Questions about LPAS What’s the difference between a Health and Welfare LPA and a Property and Financial LPA? A Health and Welfare LPA covers personal and medical decisions. A Property and Financial LPA deals with money, bills, and property matters. Many people choose to create both. When does a Health and Welfare LPA come into effect? Only when you lose mental capacity, your attorney cannot make decisions while you still can decide for yourself. Can I change or cancel my LPA later? Yes, as long as you have mental capacity, you can revoke or amend your LPA at any time. Do I need a solicitor to create an LPA? While not legally required, working with a solicitor reduces the risk of errors and ensures your LPA fully reflects your wishes. Speak to Our Solicitors About Your LPA Today A Health and Welfare LPA helps give you the confidence that your wishes will be followed and that someone you trust will be there to make the right decisions on your behalf. Don’t delay, get in touch with Browell Smith & Co Solicitors Limited today to get your LPA in place. Contact our friendly team by phone 0191 250 3200 or email probate@browells.co.uk
Modernising the Law of Wills: What You Need to Know About the Law Commission’s Latest Report On 16 May 2025, the Law Commission published a report seeking to address the issues associated with the current law of Wills in England and Wales. The project, which first began in 2016, is the first major analysis of the law in this area since the passage of the Wills Act 1837. The Law Commission sought to address achieve three broad aims through the project, namely: Offering additional support for the idea of testamentary freedom; Providing greater protection for testators, especially those who are vulnerable; and Increasing clarity and certainty in the law of Wills generally. The Commission has given 31 recommendations spanning the breadth of the topic, and has provided a draft Bill which incorporates these recommendations: Wills-Report-Volume-II-Draft-Bill-and-Explanatory-Notes-Final.pdf. At Browell Smith & Co, we believe it’s vital to keep our clients informed of legislative developments that impact their personal affairs. Here’s a brief summary of the Commission’s key proposals and what they could mean for you. Supporting Testamentary Freedom: A Right to Decide Testamentary freedom acknowledges that a testator, as the legal owner of their property until death, should be able to decide how to distribute their estate. This principle also recognises that individuals are best placed to assess the needs of their friends and family. Modernising Validation: Embracing Digital Evidence The Law Commission’s proposals have suggested that the courts should have greater powers to validate and rectify Wills that, under the current law, would either not give effect to the testator’s wishes or not be valid at all. In determining the testator’s true intentions, the court would be allowed to receive any record created by the testator, including electronic documentation and video recordings. Lowering the Minimum Age for Wills Another key recommendation is lowering the age to make a valid Will from 18 to 16 years old. This aims to ensure that younger individuals with assets can avoid dying intestate, which may result in unwanted distributions under the rules of intestacy. Protecting Will-Makers: Stopping Pressure and Exploitation Recognising the Risks Facing the Elderly and Vulnerable When the Wills Act became law in 1837, average life expectancy was in the high 30s. Today, it’s around 81. With longer lives come increased risks of coercion, particularly for older individuals or those dependent on others due to illness. Shifting the Burden of Proof in Cases of Suspected Undue Influence The Commission proposes that if there are ‘reasonable grounds’ to suspect undue influence, the burden should fall on the alleged influencer to prove, on the balance of probabilities, that no coercion occurred. This reform provides an extra layer of safeguard for vulnerable testators. Updating Witness Restrictions to Reflect Modern Relationships Under current law, gifts to witnesses or their spouses/civil partners are invalid. However, many modern couples cohabit without formal legal status. The draft Bill extends restrictions to include cohabiting partners, preventing them from benefiting if they act as witnesses. Making the Rules Clear: Understanding Mental Capacity for Wills To make a valid Will, a testator must have sufficient mental capacity. Historically, two different tests have been used: one from Banks v Goodfellow and the other from the Mental Capacity Act 2005, leading to uncertainty. The Law Commission recommends adopting the Mental Capacity Act 2005 as the sole legal test. This would be supported by a new Code of Practice, helping professionals and courts apply the test fairly and consistently. What These Reforms Could Mean for You This report marks nearly a decade of work and represents the most substantial reform proposal in Will-making law in almost 200 years. If enacted, it could fundamentally transform how Wills are drafted and validated in England and Wales. Sarah Sackman KC MP, Minister for Courts and Legal Services, has acknowledged the need for reform, describing current law as “outdated” and calling for “detailed consideration” to protect testators’ freedoms. Download the full Law Commission report (Volume I) At Browell Smith & Co, we are closely monitoring these developments and will be ready to advise our clients on any legal changes as they happen. Whether you’re drafting your first Will, revising an old one, or supporting a loved one through the process, our team is here to help you navigate this evolving legal landscape. For personalised advice or to review your current Will in light of these proposed reforms, get in touch with us today on 0191 250 3200 or email us at probate@browells.co.uk.