Making a Will and setting up a Power of Attorney are two of the most important steps you can take to protect yourself and your family. Yet many people put them off for years. The start of a new year is an ideal time to get these essential documents in place and enjoy peace of mind for the year ahead.
January is often about fresh starts and getting life in order. For many people, that includes tackling jobs that have been sitting on the to-do list for far too long. Making a Will and putting a Power of Attorney in place are classic examples. They are easy to delay, but vital to have. Making 2026 the year you finally take care of both can remove a huge amount of uncertainty for you and your loved ones.
Time to Stop Procrastinating
It is very common for people to intend to make a Will or Power of Attorney “sometime soon”. Life, work and family commitments tend to get in the way, and the task is quietly pushed back year after year.
A new year brings a natural sense of motivation and organisation, making it the perfect moment to get this sorted once and for all. Once it is done, it is done, and it is one less thing to worry about.
Why Having Both Documents Is So Important
A Will sets out what should happen to your money, property and possessions after your death. It allows you to choose who benefits, who deals with your estate, and, where relevant, who should look after young children. Without a Will, Scots law decides how your estate is divided, which may not reflect your wishes and can create unnecessary stress for your family.
A Power of Attorney works during your lifetime. It allows you to appoint someone you trust to make decisions on your behalf if you are unable to do so because of illness, injury or loss of capacity. This can include financial matters, such as paying bills or managing property, as well as personal welfare decisions. Without a Power of Attorney, your family may have to apply to court for authority to help you.
Overcoming the Common Excuses
Many people delay because they believe one of the following applies to them:
- “I am not wealthy.”
A Will is not about wealth. If you own anything at all, or if you care about who deals with your affairs, a Will is relevant to you. - “I am too young.”
Illness and accidents can happen at any age. Anyone over 18 can benefit from having a Power of Attorney in place. - “It sounds complicated.”
With the right legal advice, the process is far more straightforward than most people expect.
In practice, having clear documents in place usually saves time, cost and stress in the long run.
The Process Made Simple
When handled by an experienced solicitor, making a Will and Power of Attorney is usually a smooth and efficient process. It typically involves an initial meeting to discuss your circumstances and wishes, followed by tailored drafting of the documents. Once everything is agreed, the paperwork is signed and properly witnessed.
In many cases, the whole process can be completed within a few weeks.
Start 2026 Feeling Secure
There is a real sense of relief that comes with knowing your affairs are in order. With a Will and Power of Attorney in place, you can focus on your plans for 2026 knowing that your loved ones are protected and your wishes are clear.
If making this your year to finally get organised feels like the right step, taking advice early can make the process far simpler than expected. A short conversation is often all it takes to understand what you need and how best to put it in place.
Why choose Pomphreys?
Pomphreys’ private client solicitors take a practical, approachable approach to Wills and Powers of Attorney. Clients value clear advice, straightforward explanations, and documents tailored to their individual circumstances. Whether your situation is simple or more complex, you can expect guidance that is focused on protecting you and your family.
If you would like to start the year with these important arrangements in place, the private client team at Pomphreys Solicitors can help. Getting in touch early allows you to discuss your wishes, ask questions, and move forward at a pace that suits you, with clear advice and practical support throughout.
Frequently Asked Questions
Do I really need both a Will and a Power of Attorney?
Yes. A Will deals with what happens after death, while a Power of Attorney protects you during your lifetime if you lose capacity. One does not replace the other.
Can I change my Will or Power of Attorney later?
Yes. As long as you have capacity, both documents can be updated to reflect changes in your circumstances.
What happens if I die without a Will in Scotland?
Your estate is dealt with under the rules of intestacy, which may not reflect your wishes and can be more complicated for your family.
Is a Power of Attorney only for older people?
No. Anyone over 18 can benefit from having one in place, particularly as it covers unexpected illness or accidents.
This article is by Joe Rowan
Joe Rowan, Assistant Solicitor
Joe Rowan is an Assistant Solicitor at Pomphreys, Solicitors, Wishaw, based in our Kenilworth Avenue office. After years as a legal advisor with a football club, Joe decided it was time to get back into mainstream law, preferably in a conveyancing or private client role, areas of law he’s always enjoyed. Happily, for Joe, such a position became available at Pomphreys around the same time, and he was delighted to become part of the firm.
Tel: 01698 373365
Email: jr@pomphreyslaw.com
