Wills, Probate and LPA FAQs
During the Covid-19 pandemic, Barcan+Kirby’s Private Client team has been asked various questions around life planning. We have picked out some of the questions our solicitors are frequently being asked about Wills, Probate and Powers of Attorney, and answered them as best we can.
How quickly can you write a Will for me?
Wills are usually prepared within 7-14 days of agreed instructions and money paid on account. If there is a need to have the Will prepared in a shorter time frame then this can be discussed with you initially.
You can now start your Will from the comfort of your own home, using our new online tool. Find out more and get started here.
Can I come into the office for an appointment?
Our offices are open as usual, and we are offering face-to-face appointments. We continue to have a policy in place to ensure we are taking all the necessary precautions to keep you and our staff safe.
If you prefer to have an appointment via Zoom, we would be more than happy to do so.
If you wish to make an appointment, please call us on 0117 325 2929 and we can discuss your requirements in more detail.
How can you write my Will if I cannot visit an office?
If you prefer not to visit our offices, or you are isolating, we can still help you.
One of our Will Writers will contact you by telephone to arrange a phone or Skype/Zoom appointment (the latter is preferable if you have this facility). Instructions will be taken and you will then receive an email confirming our terms and fees. Once this has been accepted and monies paid on account by bank transfer, we will prepare a draft Will for your approval.
If you do not have access to an email, the documents will be posted to you.
How can I get my Will witnessed?
If you are unable to come into our offices, we can send you the final version of your Will (by post) with detailed instructions on how this can be executed remotely.
You hold my loved one’s Will, how can I get it?
In the event of death of a client, we will need to see the death certificate in order to request the Will. We will endeavour to obtain a copy of the Will from storage as soon as possible, so that we can provide information regarding any expression of funeral wishes.
The document can be released to the executors by attending one of our offices and collecting this personally or we can post by recorded delivery. We can send the document elsewhere, as long as the authority is provided by the executors. As our Wills are stored off site, the original Will is not immediately available.
How quickly can you set up a Lasting Power of Attorney?
We can provide you with advice and prepare your Lasting Power of Attorney and once it has been signed by all parties, it will be lodged with the Office of the Public Guardian (OPG). LPAs will take 20 weeks to register.
Depending upon your circumstances, it may be advisable to have a limited General Power of Attorney put in place if you want attorneys to start acting upon our behalf immediately.
What is involved in setting up a Lasting Power of Attorney?
You can make an appointment to come in and see us or instructions can be taken via a telephone/Skype appointment. An email/letter of engagement will be sent thereafter. Documents in respect of your identification and address will be required, and we will advise you how to do this when arranging an appointment.
If we have any concerns regarding a person’s mental capacity to provide instructions by those means, then an agent can be instructed to carry out a mental capacity assessment. Those agents will charge a fee to carry out an assessment.
Once our terms are agreed and draft documents have been approved, instructions will be provided for original documents to be signed and witnessed. A telephone or Skype appointment can be arranged to help with this process if required. Once signed and witnessed, the documents can be returned to us and we will arrange for them to be registered at the OPG. If we are acting as Certificate Providers, then we will arrange an appointment.
If you would like to discuss your personal circumstances – whether to do with your own Will, or the Will of someone else – you can call us on 0117 325 2929 or complete our online enquiry form, and a member of our team will get back to you.