10 March 2025

The Most Overlooked Legal Documents Everyone Should Have

The Most Overlooked Legal Documents Everyone Should Have

By BJ McKenna & Co Solicitors

Life is unpredictable, and without the right legal documents, your loved ones could face unnecessary stress, uncertainty, and even costly legal battles. While many people focus on writing a will, there are several other essential documents that can protect you, your family, and your assets.

At BJ McKenna Solicitors in Stockport, we help individuals and families ensure their legal affairs are in order. Here are five commonly overlooked legal documents you should have in place.

1. Property Deed or Co-Ownership Agreement – Protect Your Home

If you own property with a partner, friend, or family member, a co-ownership agreement clearly outlines:

Ownership shares (who owns what percentage)

What happens if one person wants to sell

Responsibility for mortgage payments and maintenance

Without this agreement, disputes can arise, particularly if circumstances change. A solicitor can help ensure your property ownership is legally protected.

2. Lasting Power of Attorney (LPA) – Who Will Act for You?

A Lasting Power of Attorney (LPA) allows you to appoint someone you trust to make:

Financial decisions (paying bills, managing investments, selling property)

Healthcare decisions (medical treatment, care arrangements)

If you lose mental capacity without an LPA, your loved ones may need to go through a lengthy and expensive legal process to gain decision-making rights.

3. Living Will (Advance Decision) – Control Your Medical Care

A Living Will (also known as an Advance Decision) outlines what medical treatments you do, or do not want if you become unable to communicate. It ensures that:

Doctors follow your wishes regarding life-sustaining treatments

Family members are not forced to make difficult decisions on your behalf

This document is legally binding in England and Wales, making it a vital part of your healthcare planning.

4. Letter of Wishes – Personal Guidance for Loved Ones

Unlike a will, a Letter of Wishes is not legally binding, but it provides valuable personal instructions, such as:

How sentimental items should be distributed

Guidance on raising children

Funeral preferences

It complements a will and ensures your personal values and wishes are understood.

5. Will – Ensure Your Wishes Are Followed

A will is the most essential legal document for ensuring your assets go to the right people. Without one, the law decides how your estate is distributed, which may not reflect your wishes. A will also allows you to:

Name guardians for your children

Minimise inheritance tax where possible

Prevent family disputes

Review your will regularly, especially after major life changes such as marriage, divorce, or having children.

Get Expert Legal Advice on Your Essential Documents

Having these key legal documents in place ensures your loved ones are protected and your wishes are respected.

At BJ McKenna Solicitors in Stockport, we specialise in wills, LPAs, property agreements, and estate planning. Contact our expert team today to make sure your legal affairs are secure.

📞 Call us now for a consultation.