FAQ Wills, Lasting Powers of Attorney (LPAs) & Probate
1. Why is having a will important?
A will ensures that your assets are distributed according to your wishes, preventing disputes and ensuring loved ones are cared for. Without a will, your estate is divided under intestacy laws, which may not align with your intentions.
2. What happens if I die without a will in England & Wales?
If you die without a will, your estate is distributed according to intestacy rules, meaning only spouses, children, and close relatives inherit. Unmarried partners and friends receive nothing, which can lead to legal complications.
3. How do I make my will legally valid?
A valid will must be:
✔️ Written and signed by you
✔️ Witnessed by two people who are not beneficiaries
✔️ Made voluntarily with full mental capacity
4. What is a Lasting Power of Attorney (LPA), and do I need one?
An LPA allows someone to make decisions on your behalf if you lose mental capacity. It ensures your finances, healthcare, and welfare are managed according to your wishes.
5. What types of LPAs exist, and which one should I choose?
There are two types:
✅ Health & Welfare LPA – Covers medical care and living arrangements
✅ Property & Financial Affairs LPA – Manages finances, bills, and assets
6. Can I change my will after it has been made?
Yes, you can update your will using a codicil or by creating a new will. Properts can help ensure legal validity when making changes.
7. What is probate, and how does it work?
Probate is the legal process of administering an estate after death. It involves:
✔️ Validating the will
✔️ Paying debts and taxes
✔️ Distributing assets to beneficiaries
8. How long does probate take in the UK?
Probate typically takes 6–12 months, depending on the complexity of the estate and whether disputes arise.
9. Do I need a solicitor to administer an estate?
While not legally required, a solicitor ensures efficient estate management, reducing stress and avoiding costly mistakes.
10. What is inheritance tax, and how can I legally minimise it?
Inheritance tax applies to estates over £325,000, with a standard rate of 40%. Strategies to reduce tax include:
✔️ Gifting assets
✔️ Setting up trusts
✔️ Using spouse exemptions
11. Can I dispute a will, and what is the legal process?
Yes, wills can be challenged on grounds of fraud, undue influence, or lack of mental capacity. Properts provides expert guidance on contesting wills.
12. What does an executor do, and how do I choose one?
An executor manages the estate, ensuring debts are paid and assets distributed. Choose someone trustworthy and financially competent. Properts are often asked, and are happy to act as the executor, ensuring the wishes are acted on properly.
13. What happens to my digital assets when I die?
Digital assets (social media, online banking, cryptocurrency) should be included in your will, with clear instructions for access and management.
14. What if a will is lost or destroyed—can it still be executed?
If a will is lost, courts may accept copies or witness testimony to validate its contents.
15. How do I ensure care home fees do not impact my estate?
Proper estate planning, including trusts and asset protection strategies, can help reduce care home costs.
16. Can I leave specific gifts or donations in my will?
Yes, you can leave money, property, or personal items to individuals or charities. Properts ensures legally binding bequests.
17. What are the legal steps for closing bank accounts after a death?
Executors must provide a death certificate and probate documents to banks before closing accounts and transferring funds.
18. Can I remove an executor who is mishandling an estate?
Yes, executors can be legally challenged and replaced if they fail to act in the estate’s best interests.
19. What happens if an estate is insolvent (more debts than assets)?
Debts are paid in priority order, and beneficiaries may not receive inheritances. Properts can help navigate insolvency cases.
20. How can I protect vulnerable beneficiaries in my will?
Setting up trusts, appointing guardians, and specifying financial protections ensures vulnerable beneficiaries are cared for.