Why Missing Information Is One of the Biggest Causes of Delay After Death or Loss of Capacity

Why Missing Information Is One of the Biggest Causes of Delay After Death or Loss of Capacity

When someone dies or loses mental capacity, the legal process is often slowed not by complexity — but by missing or inaccessible information.

Executors and Attorneys are legally responsible for acting in someone’s best interests, yet many find themselves struggling to locate even the most basic details needed to move forward.

The Legal Problem with Poor Record-Keeping

From a legal perspective, progress often stalls because no one knows:

  • What bank accounts exist

  • Whether there are life insurance policies in place

  • Which pensions or investments need to be valued

  • What liabilities or ongoing commitments exist

Without this information, Executors cannot accurately administer an estate, and Attorneys may be unable to manage finances properly if capacity is lost.

Why Professionals Need to Be Clearly Identified

Another frequent issue is uncertainty around professional advisers. Families often don’t know:

  • Which solicitor drafted the Will

  • Who the accountant is for personal or business matters

  • Whether a financial adviser is involved

  • Where key documents are held

From a legal standpoint, this causes delays while authority is established and records are requested — often during an already stressful period.

The Impact on Executors and Attorneys

Executors dealing with an estate may face:

  • Delays in applying for probate

  • Difficulty valuing assets accurately

  • Increased risk of errors or omissions

Similarly, Attorneys acting under a Lasting Power of Attorney can be restricted in what they can do if they lack clear records and instructions. In both cases, uncertainty increases the risk of delay, cost, and frustration.

Planning for Administration, Not Just Documents

Good legal planning is not just about having the right documents in place — it’s about making sure others can use them effectively when needed.

Clear, up-to-date records allow:

  • Executors to progress probate more efficiently

  • Attorneys to step in quickly if capacity is lost

  • Professionals to be contacted without delay

Introducing Lifesafe: Supporting Legal Processes When It Matters

This is why we are preparing to launch Lifesafe — our Estate Record and Emergency Binder.

Lifesafe is designed to:

  • Record key accounts, policies, pensions, and investments

  • List professional advisers and contact details

  • Support Executors in speeding up estate administration

  • Assist Attorneys if mental capacity is lost

By centralising critical information, Lifesafe helps reduce avoidable delays and supports smoother legal processes at exactly the time clarity is needed most.

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Client Testimonial

“Having seen John of Legacy Wills present at a property event, it was clear he had both the breadth of knowledge and experience and also the ability to make a very dry subject both understandable and engaging. That’s a tough call when talking about Wills, Trusts and death. John produced Wills and POA’s for myself and my wife in a timely, effective and reasonable manner. I have subsequently recommended him to numerous colleagues and friends to cut out the jargon and challenges surrounding this critical protection, which is too often deferred or neglected.”

Dan Norman