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Common questions

  • Yes. It’s perfectly normal and legal for someone to be both an executor and a beneficiary in your Will.

  • Yes, as long as you still have mental capacity, you can revoke or update your LPA at any time. Our Leeds solicitors can help you make changes or create a new version that reflects your current wishes.

  • Yes. But you’ll need to value assets, calculate inheritance tax, complete forms, and settle debts correctly. Many executors prefer a solicitor’s help to reduce risk.

  • Yes. Many people choose joint executors, so family stays involved while a solicitor handles the legal work.

  • You can speak to a funeral director, but the death must be registered before the funeral takes place.

  • Yes, with proper planning. Using your full allowances, making tax-free gifts, leaving money to charity, and using business or property reliefs can help reduce or even avoid IHT altogether. Speak to a solicitor to plan effectively.

  • Yes, if the first part of the couple has passed away, the surviving spouse can move to another property of their choice. If there are any access funds left over, there is then a choice as to what happens with these funds. These monies can either be paid out. These monies would be split as follows - half to the survivor out of the couple and the other half to the ultimate beneficiaries. The ultimate beneficiaries would be those named in the Will who are to receive the half of the property belonging to the part of the couple who has passed away first. A common example would be children. The other option is that the monies are invested into a Trust account. The latter is a better option for inheritance tax purposes.

  • Yes, you can appoint multiple attorneys. You can also specify if you want them to make decisions jointly or if they can act independently.

  • Absolutely. Our Leeds solicitors help clients across West Yorkshire and beyond. You can visit our office, book a video appointment, or complete most of the process online.

  • You can complete parts of the process online, but the final registration must still go through the OPG. Many people prefer to use a solicitor to avoid mistakes and speed up approval.

  • Yes, in many cases. If there are serious issues, the court can remove or replace an executor or trustee. Professional help is often needed.

  • No, an LPA must be set up by the individual while they still have the mental capacity to understand the implications of their decision.

  • Yes. While you have mental capacity, you stay in full control of all your decisions. Your attorneys can only act when you want them to, or if you lose capacity in the future.

  • No. Unless you own property together as joint tenants, unmarried partners don’t automatically inherit without a will. Writing a Will is the only way to protect them.

  • Where an adult needs to go into a care home, any property they own will be considered by the local authority in their financial assessment to see if they have to pay for their own care fees, unless it is deemed part of the mandatory disregards. Subject to certain conditions, from April 2015 a property must be disregarded from the financial assessment if the person’s child is living there and is: aged over 60; aged under 18; or incapacitated. Therefore, it is as if the person going into care does not own the property so it is not counted in their financial assessment and the child can continue to live there.

  • Absolutely. While our office is based in Leeds, we support clients across the UK. You can meet us in person, by video call, or manage everything remotely.

  • Yes, a Deed of Variation can be made before or after probate is granted, as long as it’s within the two-year limit.

  • While doctors often consult with family members for insights into a patient's wishes, without an LPA, they are not legally bound to follow the family's decisions. An LPA ensures that the appointed attorney's decisions are legally recognised and followed.

  • Usually, yes. Even if there is a valid Will, most estates still need a Grant before assets can be collected or sold. Small estates or joint accounts may not require one — we can check this for you quickly.

  • No, you can apply yourself. But many families choose a solicitor to avoid mistakes, delays, and personal liability. Our Leeds probate team makes the process faster and less stressful.

  • 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.

  • You don’t have to, but it helps. A solicitor can make sure your will is valid, help reduce tax, and guide your family through the process. The Private Client team at Winston Solicitors in Leeds specialises in clear, compassionate support.

  • No, but using a solicitor makes sure your Will is valid and cannot be easily challenged. A will writing solicitor can also explain tax and inheritance issues in plain English.

  • You don’t have to use a solicitor, but working with an experienced LPA solicitor in Leeds helps ensure everything is signed, witnessed and submitted correctly, saving time and avoiding rejection by the OPG.