The festive season brings families together in a way few other times of year can. With different generations gathered, it creates a natural opportunity to talk about future planning. Discussing Wills and Powers of Attorney over the holidays can help families understand each other’s wishes, reduce uncertainty, and lay the groundwork for clear legal arrangements. This article explains why now is a sensible time to start these conversations, what to cover, and how to turn them into a practical New Year plan under Scots law.
Christmas and New Year are often a pause in the usual routine. Families spend time together, conversations slow down, and attention turns to reflection and looking ahead. While discussions about Wills or Powers of Attorney may not feel festive, this period can actually be one of the most appropriate times to raise them.
Rather than focusing on worst-case scenarios, these conversations are about care, responsibility and protecting the people closest to you. When approached calmly and positively, they often provide reassurance and clarity for both the person planning ahead and their family.
Family gatherings create a natural planning opportunity
When several generations come together, it often prompts thoughts about the future. Parents may consider guardianship and financial security for their children. Older relatives may consider how their affairs would be managed if their health were to change.
Talking openly at this stage allows families to understand expectations and avoid assumptions. It can also highlight where views differ, which is far better addressed in conversation than left unresolved.
Giving the gift of peace of mind
An up-to-date Will and a properly prepared Power of Attorney are two of the most meaningful gifts you can give your family. They provide clarity at a time when emotions are likely to be high and decisions difficult.
A Will sets out who should benefit from your estate and who should administer it. A Power of Attorney allows trusted individuals to manage your finances or make welfare decisions if you lose capacity. Without these documents, families can face delays, additional expenses, and outcomes that do not reflect their wishes.
Key topics worth covering
Holiday conversations do not need to stray into legal technicalities, but it can be helpful to explore some core issues that often underpin formal planning later on, including:
- Who you would trust to act as executor of your Will
An executor is responsible for dealing with your estate after death, including gathering assets, paying debts and distributing funds. Talking this through helps ensure the role is assigned to someone willing and able to take it on, rather than being assumed by default. - Who you would want to act as your attorney for financial or welfare matters
A Power of Attorney allows you to choose who makes decisions for you if you lose capacity. Discussing this in advance can help avoid uncertainty and ensure the person appointed understands your values, priorities, and approach to decision-making. - Any specific wishes around healthcare and personal care
While a Welfare Power of Attorney provides decision-making authority, families often find it reassuring to understand personal preferences in advance, such as views on care at home, residential care, or specific medical considerations.
- How you would like your estate to be shared
This is especially important in blended families, unmarried couples, or families with children from previous relationships. Open discussion helps manage expectations and reduces the risk of misunderstandings later. - Whether existing Wills or Powers of Attorney are still up to date
Many people are surprised to realise their documents no longer reflect their circumstances. Changes in relationships, finances, or health often make a review sensible, even when documents already exist.
These discussions often reveal just how much relies on informal assumptions rather than clear instructions. While talking things through is an important first step, it also highlights the value of putting proper legal arrangements in place.
How to raise the subject sensitively
Starting the conversation does not need to be awkward or heavy. Some families find it helpful to refer to a recent news story, a friend’s experience, or a seasonal reminder about getting organised for the year ahead.
Reassuring relatives that this is about planning responsibly, rather than expecting the worst, can make the discussion feel far more natural. Many people are relieved once the topic is raised, as it removes uncertainty and opens the door to honest conversation.
Why instruct Pomphreys Solicitors
Pomphreys Solicitors has extensive experience advising individuals and families across Scotland on Wills, Powers of Attorney and estate planning. Their advice is practical, straightforward and tailored to your personal situation.
Clients value the firm’s clear explanations, attention to detail and supportive approach. Whether you are making arrangements for the first time or reviewing existing documents, Pomphreys Solicitors will ensure your plans reflect your wishes and provide reassurance for your family.
Ready to take the next step
If recent family conversations have prompted you to think about your own arrangements, now is a good time to act. Speaking to a solicitor can turn informal discussions into clear plans that protect you and those close to you. Pomphreys Solicitors would be pleased to help you start the New Year with confidence and peace of mind.
Frequently Asked Questions
Do I need both a Will and a Power of Attorney?
Yes. A Will deals with what happens after death, while a Power of Attorney applies during your lifetime if you lose capacity. They serve different but equally important purposes.
What happens if I die without a Will in Scotland?
Your estate will be distributed according to the rules of intestacy, which may not reflect your wishes and can lead to delays and uncertainty for your family.
Can I change my Will or Power of Attorney later?
In most cases, yes. As long as you have capacity, these documents can be updated to reflect changes in your circumstances.
When should I review my existing documents?
It is sensible to review them after major life events such as marriage, divorce, the birth of a child, or a significant change in assets.
Who should I appoint as my attorney or executor?
This should be someone you trust, who understands your wishes and is willing to take on the responsibility. A solicitor can help you think through the practical implications.
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. Find out more about Joe.
Tel: 01698 373365
Email: jr@pomphreyslaw.com
