As Halloween nears and tales of ghosts and ghouls fill the night air, we are reminded that the unexpected is never far away. While the ancient Celts faced wandering spirits, our modern threats are more mundane: disorganisation, delays, and perhaps a misplaced sense of “I’ll get round to it one day.” This Halloween, Pomphreys suggests that having a properly prepared Will, Power of Attorney, and estate plan might be the best protection against life’s more frightening surprises.
When the veil thins (and the paperwork mounts)
Halloween, or Samhain as the ancient Celts called it, marked the end of the harvest and the start of the dark months ahead. They believed that on this single night, the veil between the living and the dead became thin, allowing spirits to pass through easily. People dressed in animal skins and lit fires to confuse anything that might be passing through.
Today, costumes are more elaborate, but the principle stays the same — it pays to be prepared for the unexpected. Whether it’s an unforeseen illness, a sudden incapacity, or simply the inevitable passage of time, being prepared remains the best form of protection.
A Will: No tricks, just clarity
A Will is not an attempt to cheat death, but it is a great way to keep things in order when you are no longer here to do so. Without one, the law determines who inherits your estate, and that decision may not reflect your wishes.
A well-drafted Will provides certainty for those left behind and helps avoid disputes that can tear families apart more quickly than any haunting. It guarantees your assets are distributed exactly as you wish — to loved ones, friends, or charitable causes close to your heart.
Making a Will is, in truth, one of the kindest acts you can undertake. It keeps your affairs tidy, your intentions transparent, and provides reassurance to your family. The Celts may have depended on firelight to hold back the darkness; modern Scots can rely on a properly drafted Will.
Power of Attorney: Because life can still surprise you
If a Will determines arrangements after death, a Power of Attorney manages decisions if life takes an unexpected turn. Should illness or accident prevent you from making choices, a trusted Attorney can step in to oversee your finances, property, and welfare.
Without a Power of Attorney, your family might need to seek court approval to act on your behalf — a process that can be both lengthy and stressful. It’s much better to appoint someone you trust while you still have the capacity to do so.
Like the Celts leaving offerings to appease wandering spirits, a Power of Attorney is a small act that wards off future trouble. It ensures your affairs remain in good hands, no matter what twists the story takes.
Estate Planning: Outsmarting the Inevitable
Estate planning is about more than just tax efficiency; it’s about foresight. By organising your affairs in advance — through gifts, trusts, or inheritance planning — you can safeguard wealth, protect family assets, and ensure your legacy endures as you intend.
In brief, it is about outsmarting the unavoidable. We cannot dictate when the Grim Reaper arrives, but we can influence the paperwork he encounters when he does. Structured estate planning ensures that your life’s work benefits those you select, rather than the taxman or the courts.
There’s nothing spooky about being prepared
The ancient Celts faced winter by lighting fires and setting boundaries. We, in our modern way, do much the same through prudent legal planning.
At Pomphreys Solicitors, we help clients across Scotland in preparing Wills, Powers of Attorney, and estate plans that withstand whatever life — or the afterlife — may bring.
Don’t wait until the veil between the living and the administrative grows thin. Contact our Private Client team today and seize control of your future, while it still remains in your hands.
Halloween FAQs: Taking the Fright Out of Forward Planning
🎃 Why plan my Will at Halloween?
Because the season serves as a timely reminder that none of us are immortal. Halloween symbolises the thin line between the known and the unknown — much like life itself. Making your Will ensures your loved ones aren’t left wandering through uncertainty when you’re gone.
🕯 Is making a Power of Attorney really that important?
Yes. Without one, your family may need to go through a lengthy court process to handle your affairs if you lose capacity. Appointing an Attorney now is much less daunting than facing a court process later.
🪦 Isn’t estate planning only for the wealthy?
Not at all. Estate planning is about making sure that what you own — whether large or small — goes to the right people. Even modest estates benefit from planning to reduce stress, taxes, and unnecessary delays.
👻 What happens if I die without a Will?
In Scotland, the law determines who inherits under intestacy rules. That might not reflect your wishes. A Will ensures you control how your estate is distributed, rather than leaving it to chance.
🕸 How can Pomphreys help me prepare?
Our experienced Private Client team can draft your Will, create your Power of Attorney, and guide you through estate planning with clarity and care — ensuring your future is as well organised as your Halloween decorations.
This article is by Sarah Lynch
Sarah Lynch, Managing Partner
Sarah Lynch is the Managing Partner at Pomphreys. Sarah studied at Dundee University, achieving a 2:1 LLB Honours degree in Scots Law. She then moved back to Glasgow to study the Diploma in Legal Practice, being one of only a small number of students to be offered a funded position for academic excellence achieved during the LLB. Sarah then secured a traineeship concentrating on Personal Injury before deciding to broaden her scope of work to all civil litigation. We recently caught up with Sarah to discuss her role in Pomphreys. Find out more.
Tel: 01698 373 365
Email: sl@pomphreyslaw.com
