A professional executor acts until the estate is finalised. This can be a few months to a few years, depending on the complexity of the estate.

A professional attorney acts for the person who made the power of attorney for as long as the person lives but only when necessary. If you don’t lose capacity or if you don’t need their assistance, your attorneys may never act for you.

A professional deputy acts for the person who has lost their capacity for as long as the court tells them to or until the person dies.

A professional trustee acts for as long as the trust lasts (which can be for tens of years) or until they retire, lose capacity or die.

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.

Costs depend on the size and complexity of the estate. Fees are explained clearly before any work starts, and professional executors keep full records of what they do.

Costs vary depending on the complexity of the estate, but at Winston Solicitors we offer clear, fixed-fee options where possible. We’ll always confirm your fee upfront, with no surprises.

Costs vary depending on your situation, but at Winston Solicitors in Leeds, we offer fixed fees starting from £700 + VAT. You’ll always get a clear quote before you decide.

We offer fixed-fee grant-only probate services. For full estate administration, we can provide a clear estimate based on the information you provide about the estate.

Costs vary depending on your situation. Simple wills are affordable, and we’ll give you a clear fixed fee upfront. Couples often choose mirror Wills, which can save money.

There’s usually a one-off solicitor’s fee. At Winston Solicitors, we’ll explain the cost upfront, which is often small compared to the risk of losing benefits.

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.

Inheritance tax (IHT) is a tax on the estate (property, money and belongings) of someone who has died. It’s usually only paid if the estate is worth over £325,000, and only on the value above that amount.

If you want to choose someone to make decisions on your health and welfare when you cannot, then yes. That way, you can pick someone you trust and explain to them any preferences you have so that if the day comes when you cannot make those decisions yourself, they have the legal authority to do so on your behalf.

Yes, but only for work actually done. Costs must be reasonable, transparent and in line with agreed terms.

Yes. If you're married or in a civil partnership, anything you leave to your spouse is free of IHT. You can also combine your tax-free allowances, meaning up to £1 million of your joint estate could be passed on tax-free.

Yes, if you want to make sure someone you trust is named as your attorney to manage your affairs if you can’t. Without one, the Court of Protection may need to appoint a deputy instead — a process that’s slower, more expensive, and gives you less control. It could even be someone you don’t know, like a local authority or court-appointed lawyer.

Yes. We store your Will securely at no extra cost, so it’s easy to find when your family needs it.

Yes. The Mental Capacity Act 2005 is a UK law that explains how decisions should be made when someone cannot make them for themselves. It applies to people aged 16 and over in Leeds, Yorkshire and across the UK.

Yes, there's a registration fee charged by the Office of the Public Guardian of £92 per document. However, some individuals might qualify for a fee reduction or exemption based on their financial situation.

General
You (the donor) make a GPA and nominate attorneys to act for you but it ends if you lose capacity or revoke it. This can only be for property and financial affairs.

Enduring
Pre-October 2007, you made an EPA to nominate attorneys to act for you if you lost capacity. This could only be for property and financial affairs. It must be registered at the OPG to be used but can only be registered once the donor loses capacity.

Lasting
Since then, you can make an LPA to nominate attorneys to act for you. This can be for property and financial affairs or for health and welfare. It must be registered at the OPG to be used. The financial LPA can be used as soon as it is registered, the health LPA can only be used if the door has lost capacity.