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Wills, Trusts + Probate FAQs

Any questions?

Do I need a solicitor to prepare my Will?
When should I write my Will?
What is an executor of a Will?
What will happen if I don’t make a Will?
How long does probate take?
How much does probate cost?
What types of Lasting Power of Attorney are available to me?
Is a Lasting Power of Attorney the same as an Enduring Power of Attorney?

Do I need a solicitor to prepare my Will?

No, not necessarily. If you wish to write a Will yourself, you can do so, but it’s very easy to make mistakes.

We strongly recommend that you take advice from a specialist Will solicitor who can ensure that your Will complies with legal requirements and is tax efficient.

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When should I write my Will?

There are many lifetime events that trigger the need for a Will, including marriage, having children and buying property. Even if you don’t have substantial assets, it’s important that you protect those close to you.

Speak to our specialist Will solicitors about drafting your Will now and updating it as your situation changes.

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What is an executor of a Will?

An executor is legally bound to carry out your wishes and manage your financial matters after your death. You can appoint family members and beneficiaries as executors. Our Will solicitors can also act as executors.

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What will happen if I don’t make a Will?

If you die without making a Will, your estate will be divided up according to intestacy rules, meaning your property and possessions may not be distributed as you would’ve intended.

There is a strict order of entitlement, so what happens will depend on whether you’re married and what family you have. Contact us for advice which is relevant to your situation.

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How long does probate take?

The length of probate depends on many factors, including the complexity of the estate and whether the deceased owned property. If the estate is liable for inheritance tax, this may extend the process further. Probate is a complex process that can involve numerous individuals and organisations.

Call us to arrange a free estate and probate consultation with one of our specialist probate lawyers. We’ll review your options and provide an estimated timescale for completion.

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How much does probate cost?

The cost of probate depends entirely on the complexity of the deceased estate. Solicitors’ fees for probate are usually claimed from the estate, so speak to one of our specialist probate lawyers about a tailored quote.

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What types of Lasting Power of Attorney are available to me?

There are two different types of Lasting Power of Attorney; Health & Care Decisions LPA (previously called Health & Welfare LPA), and Financial Decisions LPA (previously called Property & Financial Affairs LPA).

A Health & Care Decisions LPA allows you to nominate an attorney to make decisions for you on things such as medical treatment. It can only be used if you lack the ability to make the decision yourself.

A Financial Decisions LPA can include decisions such as selling your home or paying bills. You can appoint someone at any time, even if you’re capable of making the decision yourself.

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Is a Lasting Power of Attorney the same as an Enduring Power of Attorney?

Lasting Power of Attorney replaced the Enduring Power of Attorney (‘EPA’) Act in 2007. Whilst still valid, registration of Enduring Power of Attorney will be needed if you lose the mental or physical capability to make decisions yourself.

Our specialist Will and probate solicitors can talk to you about your options and the process of registering your EPA.

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If you can’t locate the answer to your specific question, please call our team of Wills, Trusts + Probate experts on 0117 325 2929 or complete our online enquiry form.

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