Wills & Probate FAQs

We have answered our most frequently asked questions below concerning all matters of wills and probate. If you don’t find the information you need please feel free to get in touch and one of our wills and probate experts will get back to you as soon as we can.

  • When we prepare documents for someone, it has to be that person’s choice. We often work with families to arrange meetings, but ultimately the instruction to act must come from the person who wants to make the Power. We’re happy to speak to people and advise them before they make any decisions.

  • A Lasting Power of Attorney is when you appoint someone yourself to make decisions on your behalf should anything unforeseen happen in future. A Deputy is someone who has been appointed by the Court to make decisions for someone who is unable to make them for themselves. This could be a close friend or relative, sometimes it is a professional.

  • You can have up to four Attorneys and four replacement Attorneys. The replacement Attorneys will act in the event that the main Attorneys have either died or can no longer act.

  • If you feel that an Attorney is not doing their job properly or that someone unsuitable is trying to get appointed, then you can object. We can advise you on the grounds for objection and help you make a complaint against an Attorney or put in an objection to a registration.

  • You should not assume that your spouse or civil partner will automatically inherit all your assets.  As from 1 February 2009, under the rules of intestacy (death without a will) if you have children, your spouse or civil partner is only entitled to the first £250,000.00, the statutory legacy, and a life interest in half the remainder.  If there are no children the entitlement increases to £450,000.00.  It the estate is worth more than the statutory legacy the position is more complex.

    If you die intestate, are married with children and your estate is worth more than £250,000.00, your spouse would, as outlined above, receive £250,000.00 and a life interest in half the remainder.  On the death of the spouse or civil partner this would pass directly to the children.  The children would receive the remainder of the estate when they reach the age of 18, however if any of your children predecease you then their share would be distributed amongst their own children (your grandchildren).

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