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Common questions

  • Not always, but many people find it reassuring to have guidance during a stressful time. A local solicitor can take on the paperwork so you can focus on your family.

  • Yes, it’s still recommended. Your circumstances may change in the future, and setting up a trust now protects you later.

  • 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.

  • Often yes. When there’s no will, the person with priority under the intestacy rules usually applies for a Grant of Letters of Administration, which works like a grant of probate. They are called the administrator, which is a similar role to an executor named by a Will.

    Grants of Probate and Grants of Letters of Administration are collectively known as Grants of Representation.

  • Yes. If you currently own as joint tenants, your solicitor can help you change to tenants in common. This allows you to leave your share of the property in a trust through your will.

  • 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. Marriage or civil partnership usually cancels your existing Will unless it specifically says otherwise.

  • 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.

  • At Winston Solicitors, there’s no charge to release a client’s own Will. If you’re the executor and requesting the Will of someone who has died, we may charge a small administration fee to verify ID and handle secure postage.

  • If we drafted your Will for you, a copy will be kept with the electronic or paper file until the destruction date which is years after the file is closed.

  • Yes. Most solicitors, including Winston Solicitors, safely store original Wills for clients free of charge. We hold them securely until you either make a new Will, request it back, or your executors collect it after your death.

  • Often yes. When someone dies intestate, the person with priority applies for a Grant of Letters of Administration, which is the no-will version of probate. We can check if a Grant is needed in your situation.

  • Yes. Winston Solicitors provide help with professional executor, attorney, deputy and trustee services across Leeds, Harrogate, Wakefield and West Yorkshire.

     

  • No, it doesn’t need to be registered with the court. However, a copy is usually sent to HMRC if the variation affects inheritance tax or capital gains tax.

  • Not with Winston Solicitors. We store wills securely at no extra cost. Other firms may charge a fee.

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

  • Yes. A person must understand the nature and consequences of selling their home. If they cannot, an Attorney Deputy may need to step in, following MCA rules.

  • 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.

  • No, you can vary the estate of a person who died ‘intestate’ (i.e. without a will) with a Deed of Variation too. 

  • 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.

  • Just send us a signed letter of authority and two forms of ID (one photo, one proof of address). We’ll then post your documents via recorded delivery or arrange collection from our Leeds office.

  • If your LPA has been registered and you’ve chosen to activate it, your attorneys can start using it by showing the registered document to banks, care providers, or medical professionals. Winston Solicitors can guide you through each step.