Wills & Probate

Frequently Asked Questions

1. I don't really need a Will because my wife will get anything anyway – won't she?

No – not necessarily. Let us explain how your estate will be divided if you do not have a Will; or you can read more in issue 1 of our newsletter - available on the news page of our website.

2. I have put off making a Will because I don't know how to best provide for everyone. If I leave something to my children, my wife may not have enough to live on for the rest of her life but I don't want my children to get nothing if my wife should remarry after I die. Is there a way around this problem?

Yes. We can discuss the options and, if required, incorporate trust provisions in your Will so that your wife has the income or use of your assets during her lifetime and your children receive the capital after her death - or remarriage.

3. My fiancée and I are getting married. We have already made Wills leaving everything to each other and still want this to happen. Will marriage make a difference to our Wills?

Yes. Marriage will normally revoke previous Wills, so it is important to see us, either immediately before the marriage, or soon after your marriage, about making new ones to avoid dying intestate (without leaving a valid Will). Prior to a marriage (already arranged) we can word the Wills so that they continue to be effective after your marriage.

4. The Bank want to see a Grant of Probate to deal with my late aunt's account. What is this and how do I get one?

A Grant of Probate (or Letters of Administration) is a document issued by the Court which authorizes the Bank (and other asset holders) to accept your instructions and signature to deal with your aunt's assets. We can help you with the forms and documentation and make the application for you.

5. My grandfather is starting to find it difficult to deal with his affairs himself, but his bank and other investment providers won't talk to me so I can help him. Can he sign something so that I can deal with his affairs for him?

Yes – provided he still has mental capacity, your grandfather can appoint you as his Attorney either under a General Power (valid only while he retains mental capacity) or a Lasting Power of Attorney (LPA) (which can be effective both before and after mental capacity is lost) in relation to his property and affairs.

We can complete the necessary documentation, act as a Certificate provider and register LPAs with the Office of the Public Guardian. A similar Power can be given so you can help with personal welfare decisions also, if he wishes.

The contents of this webpage are intended to highlight matters which may be of interest. They should not be interpreted as a complete statement of law. Professional advice should always be sought before decisions are made about legal matters.