Frequently Asked Questions About Wills
What is a Will?
A Will is a legal document that sets out how your assets and possessions should be distributed after your death. It can also name guardians for minor children and appoint executors to administer your estate.
Why do I need a Will?
A Will helps ensure your wishes are followed, reduces uncertainty for loved ones, and can simplify the administration of your estate. Without a valid Will, local intestacy laws determine how your estate is distributed.
What happens if I die without a Will?
If you die without a valid Will (known as dying "intestate"), your assets will be distributed according to the laws of your jurisdiction, which may not reflect your wishes.
Who can make a Will?
Generally, any adult with the mental capacity to understand the nature and effect of making a Will can create one. Specific requirements vary by jurisdiction.
What can I include in my Will?
You can include:Distribution of money, property, and personal belongings
Appointment of executors
Guardianship arrangements for minor children
Charitable giftsFuneral wishes (though these may not always be legally binding)
What is an executor?
An executor is the person (or organization) you appoint to carry out the instructions in your Will, settle debts, and distribute assets to beneficiaries.
Who should I choose as my executor?
Choose someone trustworthy, organized, and willing to take on the responsibility. Many people appoint a family member, friend, professional adviser, or professional executor.
Can I change my Will?
Yes. You can update your Will at any time while you have the required mental capacity. Changes are usually made through a new Will or a legal amendment called a codicil.
How often should I review my Will?
Review your Will whenever significant life events occur, such as:Marriage or divorce
Birth or adoption of children
Death of a beneficiary or executor
Significant changes in assets
Moving to a different country or jurisdiction
Does marriage affect my Will?
In many jurisdictions, marriage can affect or revoke an existing Will. Check the laws applicable to your location and review your Will after marriage.
Can I disinherit someone?
In some jurisdictions, yes, but certain family members may have legal rights to claim part of an estate. Legal advice is recommended if you intend to exclude close relatives.
Do I need a legal profesional to make a Will?
Not always. However, legal advice can be valuable, particularly if you have substantial assets, business interests, blended families, international assets, or complex wishes.
Where should I keep my Will?
Store the original will in a safe location and ensure your executor knows where it is kept. Some people use a solicitor, bank safe deposit box, or professional document storage service.
Can a Will be contested?
Yes. A Will may be challenged on grounds such as lack of mental capacity, undue influence, fraud, or failure to meet legal formalities.
Is a handwritten Will valid?
In some jurisdictions, handwritten (holographic) Wills are valid if specific legal requirements are met. Rules vary significantly, so local legal guidance is important.
Does a Will cover all of my assets?
Not necessarily. Certain assets, such as jointly owned property, trust assets, or accounts with designated beneficiaries, may pass outside the Will.
When does a Will take effect?
A Will only takes effect upon the death of the person who made it (the testator).
Is a Will the same as a trust?
No. A Will takes effect after death, while a trust can take effect during your lifetime and may offer additional estate planning benefits.
Disclaimer: Will laws vary by country and jurisdiction. This FAQ provides general information and is not legal advice.
How much do you charge for Wills?
A single Will is £200 + VAT and 2 Wills are £350 + VAT
Frequently Asked Questions (FAQs) – Lasting Powers of Attorney (LPAs) in England and Wales
1. What is a Lasting Power of Attorney (LPA)?
A Lasting Power of Attorney is a legal document that allows you (the donor) to appoint one or more people (attorneys) to make decisions on your behalf if you become unable to do so yourself, or if you want them to help you manage your affairs.
2. What types of LPA are there?
There are two types:
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Property and Financial Affairs LPA
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Managing bank accounts
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Paying bills
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Buying or selling property
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Managing investments and pensions
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Health and Welfare LPA
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Medical treatment decisions
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Care arrangements
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Living arrangements
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Life-sustaining treatment decisions (if specifically authorised)
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Many people choose to make both.
3. Who can make an LPA?
Anyone aged 18 or over who has mental capacity to understand the LPA when it is created can make one.
4. Who can be an attorney?
An attorney must:
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Be aged 18 or over.
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Have mental capacity.
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For a Property and Financial Affairs LPA, not be bankrupt or subject to a Debt Relief Order.
Attorneys are often spouses, partners, family members, friends, or professional advisers.
5. Can I appoint more than one attorney?
Yes. You can appoint attorneys:
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Jointly (all decisions together).
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Jointly and severally (they can act together or independently).
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A combination of both for different decisions.
6. When can an attorney start acting?
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Property and Financial Affairs LPA: Once registered, if you permit it, even while you still have capacity.
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Health and Welfare LPA: Only when you lack capacity to make the specific decision yourself.
7. Does an LPA need to be registered?
Yes. It must be registered with the Office of the Public Guardian before it can be used.
8. How long does registration take?
Processing times vary, but registration commonly takes approximately 12 weeks. Delays can occur if there are errors in the application.
9. What does an LPA cost?
There is a registration fee for each LPA, although fee reductions or exemptions may be available for people on low incomes or certain benefits.
For current fees, check the official government guidance.
Our fee for drafting the LPAs, acting as certificate provider, liasing with your attorneys and registering them with the Office of the Public Guardian is £250 + VAT for 1 LPA, £375 + VAT for 2 LPAs and £550 + VAT for 4 LPAs.
Our fee includes 2 home visits but does not include the registration fees.
10. What happens if I lose capacity without an LPA?
Family members do not automatically gain authority to make decisions for you. Someone may need to apply to the Court of Protection to become a deputy, which is usually more expensive and time-consuming than having an LPA in place.
11. Can I cancel or change my LPA?
Yes, provided you still have mental capacity. You can:
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Revoke an LPA.
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Create a new LPA.
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Change attorneys by creating a replacement LPA if necessary.
12. What is a certificate provider?
A certificate provider is an independent person who confirms that:
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You understand the LPA.
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You are not being pressured into making it.
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There is no fraud or undue influence.
13. Can an attorney make gifts from my money?
Only in limited circumstances, such as:
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Reasonable birthday or seasonal gifts.
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Gifts to charities you normally support.
Larger gifts usually require approval from the Court of Protection.
14. Can attorneys be paid?
Family and friends acting as attorneys are usually unpaid, although they can generally reclaim reasonable expenses. Professional attorneys may charge fees if the LPA allows this.
15. Can an attorney make decisions against my wishes?
No. Attorneys must:
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Follow the principles of the Mental Capacity Act 2005.
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Act in your best interests.
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Follow any instructions included in the LPA.
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Involve you in decisions as much as possible.
16. What safeguards exist against abuse?
Safeguards include:
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The certificate provider's role.
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Oversight by the Office of the Public Guardian.
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Investigation of complaints.
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Possible intervention by the Court of Protection.
17. Is an LPA valid outside England and Wales?
Not automatically. Recognition depends on the laws of the country concerned. Specialist advice may be needed if you own assets abroad.
18. Should I make an LPA if I'm young and healthy?
Many people do. Illness, accidents, or unexpected loss of capacity can occur at any age. Making an LPA early can avoid difficulties later.
19. What is the difference between an LPA and a Will?
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A Will takes effect after death.
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An LPA operates during your lifetime.
Most people benefit from having both.