Frequently Asked Questions

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What is a Will?

• A Will is a legal document that outlines how a persons assets and estates should be distributed after their death.  It can also detail guardianship for minor children and other wishes

Who Can Make a Will?

• Anyone over the age of 18 and of sound mind can make a Will

What happens if I die without making a Will

• If you die without a Will, your estate will be distributed according to the rules of intestacy, which may not reflect your personal wishes.  This can result in unintended beneficiaries and potentially higher taxes

What is a Power of Attorney?

• A Power of Attorney is a legal document that allows you to appoint someone (an attorney) to make decisions on your behalf if you become unable to do so

Who can be my Power of Attorney?

• An attorney can be a family member, friend or a professional, like a solicitor.  Its important to choose someone you trust and who understands your wishes.

Is it just the elderly who set up a Power of Attorney?

• No, this is a misconception that a POA is only necessary for the elderly; in reality, individuals of any age should consider establishing one. 

For Example!

What would happen to you, should you have a car accident, and you lost your mental capacity to look after yourself, who will look after you? who will look after your finances? Don't assume your family can access your money, not even if its to pay for your care. It will be locked away without anyone being able to touch it. To get it they will have to apply via the Court of Protection or equivalent, and this takes time!

What is Probate?

• Probate is a legal process of administering a deceased person's estate, ensuring that debts are paid and assets are distributed according to the Will or intestacy rules

Do I need Probate if there is a Will?

• Probate is usually required if the deceased person owned or had significant assets.  However, if the estate is small Probate may not be necessary

How long does Probate take?

• The Probate process can take several months depending on the complexity of the estate. On average, it takes between six to nine months.

What are the responsibilities of an Executor?

An Executor is responsible for managing the deceased person's estate including: 

• gathering and valuing the deceased's assets
• Paying any Debts
• Distributing the Estate according to the Will