FAQs

Frequently Asked Questions

If you don’t make a will, your assets will be distributed according to the Rules of Intestacy. Relying on this law rather than creating a will has disadvantages. The law decides who benefits from your estate.

Anyone over the age of 18 can make a will. In special circumstances under 18 are able to make one.

Of course, anyone who owns property, has a bank account, car, house, furniture or sentimental property etc. should make a will otherwise the Rules of Intestacy will apply to that estate.

If you marry or enter into a civil partnership after making a will, the will is automatically revoked unless the will expressly states that it is made in contemplation of the marriage or civil partnership. If you get divorced after making a will, the will remains valid but any gifts to, or appointment of, your former spouse will fail.

There is no legal requirement determining where a will should be stored however is recommendable to keep your will somewhere safe. You should not keep your will in a safety deposit box as your executors cannot access the will, we offer a membership scheme at Future Will safe were you can store your will with many benefits.

When someone dies without a will, they are said to have died intestate. In cases like this, the Rules of Intestacy apply to determine the administration and beneficiaries of the estate.

Executors are appointed by a testator in a will. They are responsible for dealing with the testator’s estate in accordance with his or her instructions. They will collect in assets, pay all debts including any Inheritance Tax, deal with any specific legacies and then distribute the remainder of the estate in accordance with the testator’s wishes.

You can have as many executors as you like, but the law only allows a maximum of four to act at the same time.

Yes, provided the will contains the appropriate wording. However, beneficiaries, or the spouses of beneficiaries, must not witness the signing of the will, as gifts to witnesses, their spouses or civil partners will not be allowed to stand.

An EPA is a legal document in which, prior to 2007, you give the legal right to one or more people, your attorneys, to manage your financial affairs and property. EPAs must be registered to be used if the donor is losing or has lost mental capacity.

If you wish to move home after placing your house into a family trust you can do so. The trustees would sign the paperwork and any surplus cash is still protected by the trust and will simply be added to any other savings and invested by your trustees. A normal conveyancing fee would apply.

An LPA is a completely separate document to the will. A will has no legal effect during your lifetime. An LPA has no legal effect after your death.

Everyone who owns assets should consider having a Lasting Power of Attorney. Homeowners are especially vulnerable should a co-owner become incapacitated. Each owner must have capacity to be able to sign documentation in relation to for example, the sale of a house or re-mortgaging. Like an insurance policy; it is better to have one and not need it than the other way around.

Any Questions?
Feel Free To Ask Us.








    Telephone Appointment

    Call us today on 01604 807359

    Make A Will Online

    Coming soon!

    Face-To-Face Meeting

    Golden Words From Our Clients

    Are You Looking For Someone To Help? Contact Us Today.

    Home visits and evening appointments are available on request.

    Book an appointment