Take a look at our frequently asked questions and guidance videos. If you have a question that's not covered below, please get in touch.
What are the myths in relation to Wills?
“I have nothing to leave.” – It is not just large estates that require a Will to be instructed. Equity in properties, insurance policies, bank accounts, arranging guardians of minors and compensation payment on death are often reasons many people need to arrange a Will.
“It will go to my spouse anyway.” – A spouse is entitled to £270,000 of estate, with the surplus being split 50/50 between spouse and children. This may prevent a spouse maintaining a standard of leaving and could result in them having to sell the family home to pay their children.
“It doesn’t matter to me. I won’t be here.” – Putting a Will in place is an act of responsibility to prevent it becoming the family’s responsibility to work out who administers the estate. Intestate estates can go on for years, often resulting in family disputes and claim.
What is attestation?
Attestation is the act of witnessing the signing of a Will and then also signing it to verify that it was properly signed by those bound by its contents. Attestation is a legal acknowledgment of the authenticity of the Will and a verification that proper processes were followed. Without a Will being signed and attested, the Will is invalid and cannot stand as a legal document at point of someone passing away.
What is intestacy?
When someone dies without a Will, their estate is divided up according to standard rules, known as intestacy law. As set out in the Inheritance and Trustees' Power Act, the rules determine who inherits what based on family connections. The rules do not consider the closeness of your relationships, or who is most in need.
What is your role as an Executor?
If you have been named as an Executor in someone’s Will and accepted the role, then there are legal responsibilities and tasks that have to be completed. You could be named as the sole Executor or you may be acting jointly with someone else, which means all decisions have to be agreed on. Some of your main responsibilities are as follows:
Making sure the property is insured and secured.
Arranging the valuation and sale of any property as instructed in the will.
Arranging the funeral.
Contacting each provider of utilities, bank accounts, shares, stocks etc to notify them of the death and enquire into their procedures.
Completing Probate and Tax paperwork and applying for the Grant.
Paying Tax and debts.
Collecting assets and arranging any valuations to be able to sell assets and gather funds.
Distributing assets to the named beneficiaries or to the Trustees if the Will contains a Trust.
What is probate?
Probate is the method of gaining permission to carry out the wishes within someone's Will and settling someone's estate. If you're responsible for executing a Will (Executor), there are specific rules that set out how you notify the authorities and distribute the estate. For permission to manage this process, you'll need to apply for Grant of Probate. There are separate rules if someone dies without a Will, otherwise known as dying intestate.
Why have I not heard of Lasting Powers of Attorney?
Awareness of the availability of Lasting Powers of Attorney in the general population has increased, however it is not a widely advertised service on the Government’s behalf and could drastically be improved upon. They are a crucial element to adequate planning, not just for the older generation but for every adult in the UK, unexpected ailments and accidents can render a person incapacitated and in need of assistance at any age.
What is the registration process for Lasting Powers of Attorney?
An LPA cannot be used by the Attorneys until it is registered with the government body that oversees these documents for safeguarding purposes: the Office of the Public Guardian (OPG). The OPG stringently checks that the documents are filled, signed and dated correctly and then uses their perforated stamp to approve the application to register. Only at this point will the documents be accepted for use by institutions. We advise for registration to be done at the time of creation as the OPG takes 8-12 weeks to return them, which can be detrimental should unexpected illness or accident require their use immediately. Once they are registered they can be stored safely until they are required for use at any point in the future.