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.

You need to value the estate, complete the tax forms, prepare the supporting documents and submit an application. Our Leeds team can complete the whole process for you if you prefer.

In order to determine whether there is any inheritance tax due from the estate, you will need to calculate the net estate for inheritance tax purposes and where necessary, check if you are eligible for any inheritance tax reliefs.

Call 0113 222 4408 to book an appointment at a Leeds One Stop Centre. Take the Medical Certificate and key personal details with you.

To register a Lasting Power of Attorney, you must complete the correct forms, ensure all required people sign in order, and then submit it to the Office of the Public Guardian (OPG). Our Leeds solicitors can manage this entire process for you.

Usually, the family or executor tells the solicitor directly. We keep someone’s Will until they ask for it back, or we are informed of their death and their executors pass our ID checks and provide proof of death.

You check for a will, notify organisations, value the estate, see if probate is needed, apply for Letters of Administration, pay debts and then distribute the estate under intestacy rules. We can handle this for you from start to finish.

A Health and Welfare LPA focuses on decisions related to your health and personal well-being, while a Property and Financial Affairs LPA pertains to decisions about your finances and property.

Your compensation is paid into a trust account managed by trustees. You can still spend the money, but withdrawals must be approved and signed by your trustees.

LPAs work under the Mental Capacity Act (MCA). Attorneys can refer to the MCA or the related Code of Conduct for guidance. They can also ask the Office of the Public Guardian (OPG) for advice on how to act.

A person dies with or without a will.
Without a will, a friend or relative can apply to be their administrator.
With a will, an executor will be named.
The broad term for executor or administrator is personal representative.
The personal representative must then administer the estate of the deceased according to the Intestacy Rules if there is no will, or by the terms of the will is there is one.
In some cases, to do this, they must obtain a Grant or Representation (Grant of Letters of Administration if there is no will, Grant of Probate if there is a will) from the Probate Registry.
The grant allows them to do things like close bank accounts, sell property, pay debts and distribute to beneficiaries.
They may have to pay inheritance tax to HMRC. This has to be done before they get a grant.
The process may be as quick as six months if there is no property to sell or may take several years.
There are rules regarding the timescale in which an estate should be dealt with but depends on the circumstances. Distributing too quickly or too slowly can result in problems for the personal representative in the form of creditors or beneficiaries who haven’t been paid or who they didn’t even know existed!
Further tax, like income or capital gains tax, may be due to HMRC in the estate.
To finalise the estate, a full set of estate accounts should be produced to show the estate’s value as at date of death, the assets collected in, debts paid and beneficiaries distributed to.

When someone dies having already made a will, they are likely to have explained in their will which assets they are leaving, such as property, money and possessions, and to who they would like to leave them (the beneficiaries). Everything that is owned by the deceased is called their “estate”. The will should name the executor, who is the person in charge of distributing the assets.

The executor will then need to apply for probate to give them legal authority to collect the assets within the deceased’s estate and distribute them to the beneficiaries. Before the executor applies for probate, they will need to estimate the value of the estate and calculate whether any inheritance tax is due.