FAQs

    WILLS

    Do I need a Will?

    Having a Will ensures your wishes are followed and can simplify the administration of your estate.

    What happens if I don't make a Will?

    If you die without a Will, your estate will be distributed according to intestacy laws, which may not align with your wishes.

    What is an executor, and what do they do?

    An executor is the person responsible for carrying out the wishes in your Will, including handling probate, paying debts, and distributing assets.

    How many executors can I appoint in my Will?

    You can appoint up to four executors in your Will to manage your estate. While it's possible to name more, only four can act at the same time. Some people choose to appoint reserve executors in case one of their primary executors is unable or unwilling to act when the time comes.

    Who can be named as beneficiaries in my Will?

    You can name family members, friends, charities, or any organisation of your choosing as beneficiaries.

    Can an executor also be a beneficiary?

    Yes, absolutely. It is very common—and perfectly legal—for someone to be both an executor of a Will and a beneficiary of the estate. In fact, most Wills name trusted family members or close friends who are also inheriting something.

    Can I exclude someone from my Will?

    Yes, you can exclude individuals, but be mindful that they may contest the Will if they believe they were unfairly left out. We draft additional documents to reduce this risk.

    Can I write my own Will?

    Yes, you can write your own Will, but mistakes or unclear wording can lead to costly disputes or your wishes not being followed. Consulting a professional ensures your wishes are clear, legally sound, and tailored to your needs.

    Where should I store my Will?

    Store your Will in a secure, fireproof location and make sure your executors know where it is. We also offer storage solutions.

    What happens if I marry or divorce after making a Will?

    Marriage revokes a Will in England and Wales unless it was made in contemplation of that marriage. Divorce doesn't revoke a Will but does affect provisions related to your ex-spouse.

    Can I include funeral instructions in my Will?

    Yes, you can include funeral wishes in your Will, but it's advisable to also communicate them separately to your loved ones.

    Can I update my Will?

    Yes, you can update your Will at any time by creating a codicil (an amendment to the existing Will) or by drafting a new Will. It's recommended to review and update your Will after major life events such as marriage, divorce, having children, or acquiring significant assets.

    What makes a Will legally valid?

    For a Will to be legally valid in the UK, it must meet the following criteria:

    • You must be 18+ and have mental capacity.
    • Your Will must be in writing-either handwritten or typed. Verbal or digital Wills are not legally recognised.
    • You must sign your Will in the presence of two independent witnesses, who must also sign it. These witnesses cannot be beneficiaries or their spouses.
    • Your Will must be made voluntarily, without coercion or undue influence.

    Can a Will be challenged?

    Yes, a Will can be contested on grounds such as lack of capacity, undue influence, or improper execution.

    LASTING POWERS OF ATTORNEY (LPA)

    Who should I appoint as my attorney?

    Choose someone you trust, such as a family member, close friend, or professional adviser.

    Can I have more than one attorney?

    Yes, you can appoint multiple attorneys and specify whether they make decisions together or independently.

    Can attorneys make any decision they want?

    Attorneys must act in your best interests and follow any instructions or restrictions you set in your LPA.

    Does an LPA need to be registered?

    Yes, an LPA must be registered with the Office of the Public Guardian before it can be used. You can register it as soon as it has been completed and signed by all relevant parties, but it cannot be used until it has been officially processed and registered. However, you are not required to register it immediately-it can be registered at a later date, as long as you still have the mental capacity to do so.

    How long does the Office of the Public Guardian (OPG) take to process and register an LPA?

    It usually takes around 8 to 10 weeks from the time the OPG receives the application—as long as there are no mistakes or objections.

    Can I revoke my LPA?

    Yes, as long as you have mental capacity, you can revoke an LPA at any time.

    TRUSTS

    Who manages a Trust?

    Trustees manage the Trust and must act according to its terms.

    Can I be a trustee for my own Trust?

    Yes, but it's advisable to have at least one other trustee to ensure impartial decision-making.

    What happens to assets in a Trust if I die?

    The Trust continues to operate, and assets are managed according to the Trust terms set out at its creation.

    Do Trusts need to be registered?

    Most Trusts must be registered with HMRC, depending on the assets they contain.

    PROBATE 

    What is Probate?

    Probate is the legal process of administering a deceased person's estate according to their Will.

    Do I need to apply for Probate?

    Probate is typically required if the deceased owned property or had significant assets in their sole name.

    Who is responsible for Probate?

    An executor named in the Will oversees probate. If no executor is named, an administrator is appointed.

    Can an executor refuse their role?

    Yes, an executor can choose to renounce their role if they are unable or unwilling to carry out the duties.

    What debts need to be paid during Probate?

    Debts such as mortgages, loans, and outstanding bills must be settled before distributing assets to beneficiaries.

    How long does Probate take?

    It can take anywhere from a few months to over a year, depending on the complexity and size of the estate.

    Do I need professional assistance for Probate?

    While probate can be managed by an individual, professional assistance helps ensure legal compliance, reduces the risk of errors, and can make the process significantly smoother—especially for more complex cases.