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.

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.