You can apply for probate without a solicitor: however, it is a good idea to get legal advice if you do not understand the will, or where the estate is complicated.

As part of the process of applying for probate, you will need to calculate the value of the deceased’s estate which includes everything they own. In addition, you will need to calculate the inheritance tax (IHT) due. This can become complicated when someone has left assets held in trusts or overseas, or where the deceased owned a business for instance.

Executors are personally responsible for correctly administering an estate, including accurately valuing the assets and calculating the right taxes, settling any debts, and distributing to the beneficiaries. If this is done incorrectly, executors can be held personally and financially liable. Instructing a solicitor gives the executor peace of mind and protection if anything goes wrong.

Yes, if you are aged over 18 and have assets. This is because a will is the only way you can make sure that your wishes will be carried out after your death.

You only need to change your will if you change address if you have made a specific gift of that property in your will.

Yes. Entering into marriage or civil partnership after you made a will automatically revokes your will unless it was made specifically in contemplation of marriage or civil partnership and states that it is not to be revoked by the marriage or civil partnership.

Winston Solicitors do not charge for storing your will but some firms may.

If the couple are both still alive and one of them moves into a care home, the matrimonial home would not be included as part of the financial assessment as it would be part of the mandatory disregard. This means the part of the couple not in the care home could continue to live in the property as normal.

Yes, but only when the first part of the couple has passed away. A life interest trust is a Will trust (rather than a lifetime trust) meaning it only needs to be registered once the first part of the couple has passed away. The trust would be registered with the Trust Registration Service at HMRC. This is something we would be more than capable of assisting clients with.

Yes but there are consequences. We can advise you on the implications both good and bad.

It's crucial to discuss your wishes in detail with your attorney and solicitor. At Winston Solicitors, we ensure that every LPA we draft is tailored to the individual's specific needs and preferences.

In order to determine whether there is any inheritance tax due from the estate, you will need to calculate the net estate for inheritance tax purposes and where necessary, check if you are eligible for any inheritance tax reliefs.

A Health and Welfare LPA focuses on decisions related to your health and personal well-being, while a Property and Financial Affairs LPA pertains to decisions about your finances and property.

When someone dies having already made a will, they are likely to have explained in their will which assets they are leaving, such as property, money and possessions, and to who they would like to leave them (the beneficiaries). Everything that is owned by the deceased is called their “estate”. The will should name the executor, who is the person in charge of distributing the assets.

The executor will then need to apply for probate to give them legal authority to collect the assets within the deceased’s estate and distribute them to the beneficiaries. Before the executor applies for probate, they will need to estimate the value of the estate and calculate whether any inheritance tax is due.

Where the solicitor is acting as the executor, they will often hold inheritance money for 6 months after the Grant of Probate is given. This is because if anyone wants to make an Inheritance Act claim against the estate because they reasonably expected to receive an inheritance but didn’t, they must do this within 6 months of probate being granted. Therefore, if someone does make a claim for money from the estate and they are successful, the amount can be deducted from the total held by the solicitor before it is allocated amongst the beneficiaries.

Indefinitely until the testator (the person whose will it is) dies & their executors come to collect it or if the testator wants to make a new will & requests the old will be released to them.

As of November 2024, it is taking 16 weeks from the day the Probate Registry confirm they are processing your application for them to issue you with a Grant. However, there can be exceptions.

Typically, the registration process takes around 16 weeks. This includes a 4-week waiting period to allow for any objections.

After you have been granted probate, the length of time it will take to administer the estate will depend upon the complexity of the assets.

In theory, you could have as many as you like but in practice, you would not normally have more than four. If you appoint more than one, you do have to say how they are to act: jointly – meaning that any decisions must be taken by all attorneys together; or jointly and severally – meaning that each attorney can make a decision independently of the other. If it is joint and several, the Lasting Powers of Attorney will not end if an attorney can no longer act but if joint, if an attorney can no longer act, the LPA ends.

Yes, this is possible. If the property is jointly owned by you and your spouse, it is essential that the property is held as tenants in common, rather than joint tenants. It is possible for you to leave your spouse a life interest in your half of the property and if your spouse goes into a care home after you die, only half the value of the house is taken into consideration by the local authority when carrying out a financial assessment to see if they had to pay for their own care. It is essential that the life interest trust is properly worded in the will and you should ensure that you consult a specialist solicitor.

No. If you would like to update us of a change by letter, please do so and we can keep this with your will.

Just because you are named in the will as an executor does not mean you have to act as an executor. If you do not want to take on the role of an executor, you can do one of the following: give up all your rights to act as an executor or reserve your right to act as an executor in case you want to be involved in the future.

No. As long as you have mental capacity, you retain control and you can always revoke the power of attorney. With a health and welfare Lasting Power of Attorney (LPA), your attorney cannot make decisions for you unless you have lost mental capacity. With a property and financial affairs LPA, your attorney can make decisions for you as soon as it is registered if you choose.

If you are not married or in a civil partnership and you do not make a will then the answer is no. However, assets held in joint names and property held as joint tenants with your partner will pass automatically to them on your death.