FAQ
Estate planning raises a lot of questions. We have answered the ones we hear most often below. If you cannot find what you are looking for, give us a call or fill in the contact form and we will be happy to help.
Wills
What does an executor actually do?
An executor is the person you name in your Will to carry out your wishes after you die. They are responsible for managing your estate, settling any debts and distributing your assets to the right people. It is one of the most important appointments you make in your Will.
How many executors should I appoint?
You need at least one, but we recommend naming two. If you have minor children, two is essential. There is no maximum number, though only four can act at any one time.
Can my executor inherit from my Will?
Yes. Executors are frequently also beneficiaries, and naming someone as an executor does not affect their entitlement to inherit. Most people choose a spouse, partner or adult child for both roles.
How do I make my Will legally valid?
Your Will must be signed by you in the presence of two independent witnesses, both of whom must also sign at the same time. All three of you must be present throughout. The witnesses must be over 18 and must not be beneficiaries or married to a beneficiary.
Who can act as a witness to my Will?
Anyone over the age of 18 who is not benefiting from your Will. A neighbour, colleague or friend is ideal. A beneficiary or their spouse cannot act as a witness.
What happens if a beneficiary witnesses my Will?
Your Will remains legally valid, but the beneficiary who witnessed it will lose their inheritance. The same applies to the spouse or civil partner of a witness who is also a beneficiary.
What is a disaster clause in a Will?
A disaster clause covers the unlikely event that you and all your beneficiaries die at the same time or within a short period of each other. Without one, your assets would be distributed according to the rules of intestacy rather than your wishes. A disaster clause ensures your estate still passes to someone you have chosen.
Can I control what my beneficiaries do with their inheritance?
No. Once someone has inherited, what they do with it is entirely their own decision. You cannot legally bind a beneficiary to use their inheritance in a particular way. This is sometimes referred to as ruling from the grave, and it is not enforceable.
Can I exclude someone from my Will?
Yes, with some limitations. You can exclude anyone from your Will as long as they are not financially dependent on you. Certain people, such as spouses and dependants, may still have a legal right to make a claim against your estate even if you have excluded them.
What is a legal guardian and why does it matter?
A legal guardian is the person you name in your Will to take responsibility for your minor children if you die. Without a named guardian, the courts will decide who cares for your children, and their decision may not reflect your wishes.
What happens to my estate if I die without a Will?
If you die without a Will, the rules of intestacy decide who inherits your estate. These rules follow a fixed order of priority and may not reflect your wishes. A long-term partner, close friend or stepchild could receive nothing at all.
How often should I update my Will?
We recommend reviewing your Will every three to five years, and whenever your circumstances change significantly. Marriage, divorce, the birth of a child, the death of a beneficiary or a major change in your finances are all good reasons to update.
Where should I keep my Will?
Your Will must be kept somewhere safe and accessible. Storing it at home carries the risk of loss or damage. We offer secure document storage so your Will is protected and your executors can locate it when needed.
What happens if a beneficiary dies before me?
If the beneficiary was your child, their share automatically passes to their children unless your Will states otherwise. If no alternative beneficiary has been named, the gift falls back into the residue of your estate and is distributed accordingly.
What is Probate and do I need it?
Probate is the legal process that grants your executor the authority to administer your estate. It is not always required, particularly for smaller estates or where assets are held jointly. If you are unsure whether Probate will be needed, talk to us.
How long does it take to write a Will?
Most appointments take around an hour. We will draft your Will and send it to you for approval, usually within 7 working days. If you need it sooner, ask us about our fast-track option.
What if I cannot physically sign my Will?
If you are unable to sign your Will yourself, it can be signed by someone else acting on your direction, in your presence. We will make sure the correct process is followed to ensure your Will remains legally valid.
What is inheritance tax and does it affect me?
Inheritance tax is charged on estates worth more than £325,000 at a rate of 40% on everything above that threshold. You may be entitled to an additional allowance if you leave your home to your children or grandchildren. If inheritance tax is a concern, talk to us and we will help you understand your options.
Trusts
Do I need a Trust?
A Trust is not right for everyone, but it is worth considering if you want to protect your home from care fees, ensure your assets pass to the right people after you are gone, or safeguard a vulnerable Beneficiary. We offer a free no-obligation consultation to help you work out whether a Trust is right for your situation.
How do I make changes to my Trust?
To make changes to your Trust, we will need a written, signed instruction from you and all your Trustees confirming the change and that everyone is in agreement. Common changes include adding or removing a Trustee, or making amendments to the assets held within the Trust.
Can I sell my property if it is held in a Trust?
If your property is held in a Trust, it can still be sold, but your Trustees will need to be involved in the process. We recommend speaking to us before making any plans to sell so we can guide you through the correct procedure.
What happens if a Trustee changes their name or address?
If a Trustee changes their name or address, please let us know in writing as soon as possible so we can update our records. We will require proof of any name change, such as a marriage certificate or deed poll.
Can I remortgage a property held in a Trust?
If your property is held in a Trust, obtaining a mortgage or equity release is not straightforward as your Trustees hold the legal title. We recommend speaking to us before making any plans that involve borrowing against your property.
How do I dissolve a Trust?
Dissolving a Trust requires written instructions signed by all Trustees. We recommend speaking to us before deciding to dissolve your Trust so we can explain the process and any implications.
Who should I appoint as my Trustees?
Choose people you trust completely and who are likely to be available for the long term. Most people appoint a spouse or partner alongside an adult child or close friend. We recommend appointing at least two Trustees.
Can I be a Trustee of my own Trust?
Yes. In most cases the person setting up the Trust also acts as one of their own Trustees. This means you retain involvement in decisions about your assets while still benefiting from the protection the Trust provides.
What is the difference between a Will Trust and a Lifetime Trust?
A Will Trust takes effect after you die and protects your assets for your chosen Beneficiaries from that point onwards. A Lifetime Trust is set up during your lifetime and starts protecting your home and assets immediately. Both have their uses and many people benefit from having both in place.
How long does it take to set up a Trust?
The time it takes depends on the complexity of your situation and whether property is involved. We will give you a clear timeframe at the outset once we understand what you need.
Lasting Powers of Attorney
What is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document that lets you appoint someone you trust to make decisions on your behalf if you ever lose mental capacity. There are two types, one covering Property and Financial Affairs and one covering Health and Welfare. You can set up one or both depending on your circumstances.
When is the right time to set up an LPA?
As early as possible. An LPA can only be set up while you still have mental capacity. Many people put it off, but if you lose capacity before one is in place, your family will have no legal authority to help you and will need to apply to the Court of Protection instead, which is a lengthy and costly process.
What is the difference between a Property LPA and a Health LPA?
A Property and Financial Affairs LPA covers decisions about your money, bank accounts, property and investments. A Health and Welfare LPA covers decisions about your care, where you live and medical treatment. Both are important and many people choose to set up both at the same time.
Can I have more than one attorney?
Yes. You can appoint up to four attorneys. We recommend appointing at least two so that if one becomes unavailable, the LPA remains valid without needing to start the process again.
Can I cancel an LPA?
Yes, as long as you still have mental capacity. You can cancel your LPA at any time by notifying the Office of the Public Guardian and sending them the original document along with a formal revocation. We can guide you through this process if needed.
What happens if my attorney becomes unable to act?
If you only have one attorney and they become unable to act, your LPA may no longer be valid. This is why we always recommend appointing at least two attorneys, or naming a replacement attorney when setting up your LPA.
How long does it take to register an LPA?
Once submitted, registration with the Office of the Public Guardian can take up to 20 weeks. This is why we always recommend setting up your LPA well in advance rather than waiting until it is needed.
Can I set up an LPA for someone else?
You cannot set up an LPA on behalf of someone else. The person named as the donor must set it up themselves while they still have mental capacity. If someone has already lost capacity, the Court of Protection process would apply instead.
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