Frequently Asked Questions

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No, a Power of Attorney does not eliminate the need for Probate.  A Power of Attorney is only valid during the Donor's lifetime, so once they have died, the attorney no longer has any powers.

Probate is usually required when someone who has passed away owned valuable assets, such as property or money.  Probate ensures that these assets are shared properly with the deceased's family of beneficiaries.

The Probate Process can take anywhere from 6 to 12 months depending on the size and complexity of the Estate

The three stages of Probate are:

. Completing the Inheritance Tax Account

. Collecting in all the Assets and Settling Liabilities

. Distributing the Estate

• True - An Executor can also be a Beneficiary in a Will - it is quite common:

An Executor is someone who is named in a Will to Administer the estate of the deceased, whilst a beneficiary is someone who inherits money or property from the Will.  It is legal and normal for the same person to be both, the executor & the beneficiary, as long as they were not one of the two witnesses to the Will being signed.

In the UK a Witness to a Will must be:

At least 18 years old

Mentally capable and of sound mind

Not related to the person making the Will (The Testator)

Not have any personal interest in the Will (The Testator's Spouse or Civil Partner, A Beneficiary of the Will

A Solicitor is a permissible witness, in many circumstances they can also offer a second witness, often a fellow member of staff