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Common questions

  • You get impartiality, legal knowledge, continuity and protection from mistakes. This is especially helpful for complex estates or blended families.

  • Making an LPA early means you:

    • Choose who makes decisions for you
    • Avoid delays and extra costs later
    • Protect your property, finances and care choices
    • Keep your independence for as long as possible
  • They can limit flexibility, require the property to be maintained, and may have tax implications if ended early. The right advice can help you weigh these against the benefits.

  • If the value of the estate is over £5,000 then the application fee for a Grant of Representation is £300. If the value of the estate is less than £5,000 then there is no fee to apply for probate.

  • The five principles are: presume capacity, give support, allow unwise decisions, act in best interests, and use the least restrictive option. These rules guide anyone making decisions under the Act.

  • Pros: flexibility, potential tax benefits, and the ability to help family or charities.

    Cons: it requires everyone’s agreement, and if not done correctly, it may be challenged or rejected by HMRC.

  • There are two:

    • Property and Financial Affairs LPA - for money, bills, and property.
    • Health and Welfare LPA - for medical treatment, care, and daily living.

    You can set up one or both, depending on your needs.

  • You can spend your compensation on almost anything you need especially related to your injury, such as housing, daily living costs, or medical care. The key is that withdrawals are made through the trustees.

  • If you cannot find the deceased’s will amongst their possessions then you should try contacting:

    • The deceased’s solicitor. If you are unaware of who the deceased’s solicitor was then you may want to consider contacting solicitors local to the deceased in case they have it.
    • The deceased’s bank (some people store important documents with their banks).
    • A will search company.
    • London Principal Probate Registry If a will is not located then it is assumed that the deceased did not have a will when they died.
  • As a spouse or civil partner, you are usually first in line to apply for probate and inherit a large part of the estate. How much depends on whether there are children. We’ll explain what you are legally entitled to.

  • An application to the Probate Registry for a Grant of Letters of Administration will need to be made by the next of kin of the deceased.

  • We handle official paperwork, HMRC forms, and asset transfers. We make sure debts and taxes are paid before distributing the estate to beneficiaries.

  • You should check carefully for a will, notify the government using Tell Us Once, work out who has the legal right to handle the estate and then apply for Letters of Administration if probate is needed. We help families across Leeds and West Yorkshire through each step.

  • It means you’re no longer able to understand or make certain decisions for yourself, often due to illness or condition such as dementia or stroke, or injury such as brain trauma. Your attorneys can then act on your behalf, always in your best interests.

  • It means you start by assuming a person can make their own decision unless there is clear evidence they cannot. It protects independence and avoids unfair assumptions about someone’s abilities.

  • A fiduciary lawyer acts in roles that require trust, such as executor, trustee, attorney or deputy. Their legal duty is to act in your best interests whenever possible.

  • A Grant of Probate is a document with an official court seal. It lists the name of the person who died and confirms who is legally allowed to deal with their estate. Banks, solicitors and buyers rely on it before releasing funds or selling a property.

  • A Lasting Power of Attorney (LPA) is a legal document that lets someone you trust make important decisions for you if you can’t. It covers your finances, health, or both, giving you control over who steps in, and how.

  • A probate solicitor can help you with applying for a grant and administering the estate , guiding you through the legal steps when you feel unsure. Winston Solicitors supports families across Leeds and West Yorkshire with clear, calm advice.

  • A deputy manages the finances of someone who lacks capacity and has no LPA. They deal with bills, benefits, care costs and annual reporting to the OPG.

  • A Health and Welfare LPA is a legal document that allows you to appoint someone you trust to make decisions about your health and personal welfare if you're unable to do so yourself.

  • A professional executor or trustee can help avoid disputes by acting independently. If conflict arises, legal advice may be needed to resolve the situation.

  • LPAs can be cancelled or changed as long as you have the mental capacity to make that decision. It's essential to inform the Office of the Public Guardian and all relevant parties about any changes.

  • No. Your family will have no access to your bank accounts and cannot sell your property unless they make an application to the Court of Protection for a deputyship order, which is a costly and lengthy process.