Frequently Asked Questions
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No. A professional Will writer who is a member of a professional body will be as good. The benefit is that , unlike solicitors, they are specialists in Wills and LPAs. They are usually cheaper as well.
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Sideways disinheritance occurs when an heir, typically a child, is unintentionally disinherited due to family changes—most commonly remarriage after the death or divorce of one parent. In such situations, the assets that were meant to pass down to the children from the first marriage could end up in the hands of a new spouse or their children, leaving the original beneficiaries (the first spouse’s children) with little or nothing.
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Creating a Will is one of the most important steps in ensuring your loved ones are taken care of after you pass away. While it may be tempting to write your own Will to save time and money, this process comes with significant risks. A do-it-yourself (DIY) Will might seem straightforward, but without proper knowledge and preparation, it can lead to unintended consequences for your estate and heirs.
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Yes, you will need probate if there is a Will. If the assets were owned solely by the deceased then a grant of probate is required to be able to sell assets and transfer them to the beneficiaries. Jointly owned assets do not pass through a Will and so they do not need probate.
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Yes. A Deed of Variation detailing the changes is required and ALL beneficiaries must sign. This deed can be created by the executors or a solicitor can be used
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Buying a "cheap will" or using inexpensive, one-size-fits-all will templates can seem like a smart cost-saving measure, but there are several potential risks and downsides to consider:
It will be generic and not personalised to your specific needs
It does not cover all estate planning needs e.g. POA, trusts for minors and IHT considerations
They may overlook issue with complex family relationships e.g. step children, unmarried partners,
Inadequate provisions for complex family dynamics can result in disputes among heirs
Improper signing or witnessing can invalidate the entire will, regardless of its contents
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Whilst alive your Will is private and cannot be viewed without your permission. Once deceased and probate has been granted a Will is available for public view on site https://www.gov.uk/find-persons-will
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You can designate up to 4 guardians in your Will in the event of your death. If there is a surviving parent with parental responsibility guardianship under your will does not usually take effect until the death of the second parent even if you are separated or divorced
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A life interest trust is a type of legal arrangement in which a person, known as the life tenant, is granted the right to benefit from certain assets within the trust for the duration of their lifetime. Typically, this benefit may include receiving income generated by the trust’s assets, such as rental income or dividends, or using a specific property (e.g., living in a house). However, the life tenant does not own the underlying assets; ownership is preserved for the benefit of the remaindermen, who inherit the trust assets once the life tenant passes away. Life interest trusts are commonly used in estate planning to provide for a spouse or family member while ensuring the assets eventually pass to designated beneficiaries, such as children from a prior marriage. This type of trust can also offer tax advantages and asset protection.
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No. On death of the donor the Lasting Power of Attorney ceases to take any effect and the powers are no longer available.
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Basically, anyone who has a beneficial interest, or a potential beneficial interest, in the dead person’s estate can contest a Will if they feel they have a valid legal claim.
Most often, those contesting a Will are the surviving spouse, children, cohabitee or other dependents including adult children who were being financially supported by the deceased and children who were treated as a close family member even if they were not actually related.
It can be contested on the following grounds:
Mental Capacity - the testator did not have sufficient mental capacity to sign a Will
Invalid Will - e.g. incorrectly signed and witnessed
Undue Influence. The testator was being unduly influenced into signing the Will
Lack of provision for a dependant. Anyone who was financially dependent on the testator may be able to claim