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Common questions

  • 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.

  • If you do not make a will then the intestacy rules apply on your death. These rules contain a pecking order of who can inherit based on your family situation. This can mean that those who you wish to benefit from your estate could lose out and it could cause considerable hardship to them.

  • The law decides who inherits under the intestacy rules. This might mean people you care about are left out. For example, unmarried partners do not inherit without a Will.

  • Family members won’t be able to make key decisions straight away. Someone may need to apply to the Court of Protection to become a Deputy - a slower and more expensive process than having an LPA in place.

  • After 12 months (the 52-week disregard), your compensation could be counted as savings. This may reduce or even stop your benefits, or mean you pay your own care fees.

  • Children are often next in line to inherit and apply for Letters of Administration. You’ll need to gather information about the estate and check whether probate is required.

  • If you were not married or in a civil partnership, you do not automatically inherit under the intestacy rules. You may still have rights (for example, a dependency claim), and we can talk you through them.

  • The estate is shared under the intestacy rules. These decide who inherits and who can apply for probate. Unmarried partners and step-children usually receive nothing unless provided for separately.

  • Their estate follows the intestacy rules, which decide who can inherit (the beneficiaries) and who can apply to deal with the estate (the administrators). They are sometimes the same people.

  • If no relatives can be found, the estate may pass to the state under “bona vacantia”. This is rare. Relatives can often be traced. We can help you explore the options.

  • All POAs end automatically when the donor dies. We can release them to the executors if required for estate administration.

    NB: Lasting Powers of Attorney (LPAs) are usually given to the donor once they are registered and we do not normally store them or clients. Old-style (pre-2007) Enduring Powers of Attorney (EPAs) which may not have been registered may be stored here.

  • Debts are paid from the estate, not from your own money. Executors and administrators should keep clear records of what has been paid.