Common questions
-
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. -
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.