Frequently asked questions

Q. What happens if I die without a Will?

A. When some dies without a Will they die intestate. There are statutory rules that apply to an intestate estate specifying how it is to be divided. The deceased has no say in this division. It is automatic. The first person to benefit is the spouse. The spouse will rarely inherit the whole estate. It is not uncommon for a spouse to lose out to a family member who did not get on with and has not spoken to the deceased for some years. Without a will you also lose the ability to carry out any lifetime tax planning which will maximise the Government's stake in your estate.

Q. Can I change my Will?

A. As long as you still have mental capacity you can revoke alter or replace your Will at any time before your death. Straightforward alterations can be dealt with by way of a simple document known as a Codicil.

Q. What will it cost?

A. We charge a fixed fee to prepare a Will of £175 plus VAT and £75.00 plus VAT for a Codicil. We store these in our strong room and do not make a charge for storage.

Q. How long does probate take?

A. This depends on the complexity of the estate. A simple estate where no Inheritance Tax is payable with one beneficiary can take as little as 8 weeks. An extremely complicated estate with assets abroad, a large inheritance tax bill, numerous gifts and beneficiaries, and a large share portfolio could take more than a year. On average most estates can be ready for distribution within 6 months

Q. When should I make a Lasting Power of Attorney?

A. As soon as possible. A Lasting Power of Attorney gives someone you have chosen the power to administer your affairs. Unfortunately no one knows when mental illness may strike and at that point it is too late to appoint an attorney. As your Attorney cannot actual use the power until it is registered at the Court of Protection, you do not have to worry that they will take over while you are still capable. As long as you still have the requisite mental capacity you can revoke a Lasting Power of Attorney at any time

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