FAQS
Wills
What is a Will?
A Will is a legal document that sets out how your assets (your estate) should be distributed after your death.
Why is having a Will important?
It ensures your wishes are followed, allows you to appoint executors, and lets you provide for family, friends, or charities as you choose.
What happens if I die without a Will?
Your estate will be distributed under the Intestacy Rules, which may not reflect your wishes and can exclude certain loved ones.
Can I change my Will?
Yes. You can update your Will at any time, provided you have mental capacity. It’s generally best to create a new Will rather than amend an old one.
What makes a Will legally valid?
In the UK, a Will must be in writing, signed by you, and witnessed by two independent adults.
Who should I appoint as an executor?
Someone you trust to carry out your wishes. This could be a family member, friend, or a professional such as a solicitor.
Trusts
What is a trust?
A trust is a legal arrangement where assets are held by trustees for the benefit of beneficiaries.
Why would I set up a trust?
Trusts can help protect assets, control how money is distributed, and provide for children or vulnerable individuals.
What types of trusts are there?
Common types include discretionary trusts, life interest trusts, and bare trusts.
Who are trustees?
Trustees are the people responsible for managing the trust and ensuring it is run according to its terms.
Can trustees also be beneficiaries?
Yes, depending on the type of trust.
When does a trust take effect?
This depends on how it is created—some take effect during your lifetime, while others are created through your Will and take effect on death.
Are trusts only for wealthy people?
No. Trusts are often used in everyday estate planning, especially where there are young children or complex family arrangements.
Lasting Powers of Attorney (LPA)
What is a Lasting Power of Attorney?
It is a legal document that allows you to appoint someone to make decisions on your behalf if you lose mental capacity.
What types of LPA are there?
There are two types: Property & Financial Affairs, and Health & Welfare.
When should I make an LPA?
As early as possible while you have mental capacity.
Who can I appoint as my attorney?
Someone you trust, such as a family member, friend, or professional adviser.
When can my attorney act?
For financial LPAs, this can be as soon as the document is registered (with your permission). Health LPAs are only used if you lose capacity.
What happens if I don’t have an LPA?
Your loved ones may need to apply to the Court of Protection, which can be time-consuming and costly.
Can I change or cancel an LPA?
Yes, as long as you still have mental capacity.
Inheritance Tax (IHT)
What is inheritance tax?
Inheritance tax is a tax on the value of your estate when you die.
What is the inheritance tax threshold?
There is a tax-free allowance (nil-rate band), and tax is usually charged at 40% on anything above this threshold.
Are spouses or civil partners exempt?
Yes, transfers between spouses or civil partners are generally free from inheritance tax.
Do gifts count towards inheritance tax?
Some gifts may be exempt, but others can be taxed depending on when they were made (for example, within seven years of death).
What is the seven-year rule?
If you survive seven years after making a gift, it is usually exempt from inheritance tax.
Can I reduce inheritance tax?
Yes, through careful planning such as making lifetime gifts, using trusts, or leaving part of your estate to charity.
Who pays inheritance tax?
It is usually paid by your estate before assets are distributed to beneficiaries.
Instructing a Solicitor
What happens at the first appointment?
We will discuss your circumstances, explain your options, and recommend a suitable plan tailored to your needs.
How long does the process take?
Simple Wills can often be completed within a few weeks. More complex planning involving trusts or tax advice may take longer.
Will I get a draft before anything is finalised?
Yes. You will receive drafts to review and approve before signing.
How is a Will signed?
We will guide you through the formal signing process to ensure it is legally valid.
Can I update my documents later?
Yes. We can help you review and update your arrangements as your circumstances change
Do I need to visit the solicitor in person?
Not always. We offer phone or video appointments.
What happens after everything is completed?
You’ll have peace of mind knowing your affairs are in order, we can remain a point of contact for future updates.
General Enquiries
When should I start estate planning?
As soon as possible—especially if you have property, savings, or dependants.
Do I need both a Will and an LPA?
Yes. A Will deals with what happens after your death, while an LPA covers decisions during your lifetime if you lose mental capacity.
How often should I review my arrangements?
Every 3–5 years, or sooner if your circumstances change (e.g. marriage, children, property purchase).
When should I speak to a wills and estate planning solicitor?
As soon as you have assets, property, or dependants—or if your circumstances change (e.g. marriage, children, divorce).
Where will my documents be stored?
We offer secure storage, or you can keep them safely at home—your executors should know where they are.
What should I do next?
Arrange an initial consultation to discuss your circumstances and start putting a plan in place.