Frequently Asked Questions for our team of solicitors
General Questions
Do you offer home appointments?
If you are unable to come to our office, we offer home appointments as standard. If you need a home visit, please ask for this when booking your appointment.
Do you offer fixed fees?
We offer fixed fees whenever we can so that our clients are certain about the cost of our service(s) right from the start. We will discuss our fees with you and explain clearly to you the total cost of the service we will provide before we start any work. There are no hidden costs and VAT is included our quoted costs. The full details of our costs and fees are here.
If I wanted more than one service, do you offer package deals?
- Yes, we offer discounted costs for providing more than one service to our clients. See our full range of costs and our package deals here.
Why do I need a Solicitor to make a Will?
Solicitors are legally trained and qualified, regulated and supervised by the Solicitors Regulation Authority, fully insured and bound by a code of ethics. Only a Solicitor can provide the legal protection and quality of work that gives you the peace of mind to know that your wishes and instructions will be carried out.
Someone other than a Solicitor can put in place a Power of Attorney by going online and following the process, but there are complications and pitfalls, there are elements of a Power of Attorney that can be very useful which are not clear from the online process and a Solicitor will also provide an objective input into the process which can help the client and the family as a whole.
Essentially, you don’t know what you don’t know. Putting in place a Power of Attorney yourself can be done, but it isn’t the best way to do it and potentially could lead to significant problems in the future. Using a Solicitor ensures the Powers of Attorney are correct, take into account all aspects of the client’s needs and work in the best way possible for the client and their family.
You can find out more about Powers of Attorney here
I’m an Executor in a Will – what do I have to do?
Solicitors are legally trained and qualified, regulated and supervised by the Solicitors Regulation Authority, fully insured and bound by a code of ethics. Only a Solicitor can provide the legal protection and quality of work that gives you the peace of mind to know that your wishes and instructions will be carried out.
The Executor(s) can deal with the Estate, but there are pitfalls, certain elements can be complex and there are legal consequences for the Executors if the process is not carried out correctly. There are also the tax and financial aspects of dealing with an Estate which can be complicated and, again, can lead to serious consequences if the process is not handled correctly.
Using a Solicitor to deal with an Estate ensure that the matter is handled by an expert, in an objective and professional manner and with the full protections of the regulations and insurance. It also means that the Executor, often a family member, does not need to deal with the stresses and complications of the legal and financial aspects of the Estate at a time that will be personally upsetting for them.
Find out more about how we can help Executors with an Estate here
Wills
What is a Will and why do I need one?
A Will is a formal legal document that allows you to set out how you would like all of your legal, financial and personal issues to be dealt with after your death. It is a document that plans for the future, provides for your family and protects your interests. A Will is the only way to ensure that your wishes are carried out after your death. It is vital that everybody has a valid Will. Find out more here
What happens if you die without a Will?
If you die without making a Will, you will die Intestate. This means that a set of rules, called the Intestacy Rules, will decide how your property, possessions or money should be distributed between members of your family. Your wishes will not play any part in how your estate is distributed between your family and loved ones. These rules can have unwanted consequences for what happens to your estate after you die and, if you have children under the age of 18, you will also have no say in what happens to them and who looks after them. Find out more here
How much does a Will cost?
We offer fixed fees for providing a Will, but the fee will depend on the type of Will you need. Full details of our fixed fees in respect of Wills are here.
How long will it take for me to receive my Will?
We expect the timescale for preparation of your Will to be in the region of two to four weeks from the time of the first appointment, but if the matter is more complex, it may take more time. We will advise you of the likely timescale when we have confirmed your instructions. Find out more making your Will and how Leech & Co can help you here
What’s involved in making a Will?
With the assistance of a Solicitor, making a Will should be a relatively straightforward and quick process. One of our team will meet with you (or discuss with you on the phone) so you can explain and describe your wishes as to what you want to happen with your property and finances (and if appropriate, your children) after your death. We will then advise you as to the best way to make sure this happens. Find out more about the process of making a Will here and the costs and timescale for making a Will here.
A loved one has lost mental capacity and doesn’t have a Will – what can I do?
If a person is not fully aware they are making a Will, it is not likely to be valid and therefore cannot be used to carry out their wishes following their death. Alternatively, there may be no Will in place at all. In these situations, an application can be made to the Court of Protection to request that a Statutory Will is made on that person’s behalf. Find out more about Statutory Wills and how Leech & Co can help you here.
What can I put in my Will?
A Will is a statement of what you want to happen to your property and finances (and children if they are under 18) when you die. Therefore, your Will should contain all matters that ensure your wishes are carried out. You can also include your wishes as to what you want to happen with your pets, specific personal items, your funeral etc. At Leech & Co, we will discuss your wishes with you and advise you as to the best way to make sure your wishes are carried. Find out more about what you can put in your Will and how Leech & Co can help you here.
What does an Executor do?
Essentially, an Executor makes sure that the wishes of the deceased person as stated in the Will are carried out. The Executor is responsible for making sure that the deceased debts, if any, are paid, that any remaining money or property is distributed to the Beneficiaries and that any specific wishes are carried out. Find out more about the role of the executor and how Leech & Co can help here [need link to Administration of Estates section]
Who can be an Executor?
Anyone can be an Executor of a will as long as they are over 18. A Beneficiary of the Will can also be an Executor and many people choose their husband or wife or civil partner or their children to be an Executor. Find out more about being an Executor here.
Will my Will be registered be somewhere so it can be traced?
You can register your Will with Certainty National Will Register at an additional cost of £30.00. The register records where your Will is stored, but does not store a copy of the Will. Find out more about what happens when you make a Will and how Leech & Co can help you here.
Do I keep my Will or do you store it?
When your Will is complete, we will keep the original document in safe storage for you. We will also keep a digital copy on our secure server. We do not charge for this storage.
We will also provide you with two copies of your Will for you to retain or provide to your Executors, should you wish to do so.
Find out more about what happens when you make a Will and how Leech & Co can help you here.
Power of Attorney
How much does making a Power of Attorney cost?
We offer fixed fees for providing a Power of Attorney, but the fee will depend on the type of Power of Attorney you need. Full details of our fixed fees in respect of Powers of Attorney are here
How long will it take for me to receive my Power of Attorney?
We expect the timescale for preparation of your Power of Attorney(s) to be in the region of two to four weeks from the time of the first appointment, but if the matter is more complex, it may take more time. We will advise you of the likely timescale when we have confirmed your instructions.
The documents may need to be sent to your Attorneys if they cannot come to the office to sign them and this may take time.
However, the signed documents must be registered with the Office of the Public Guardian (OPG) to be valid. The OPG are currently taking between three and five months to process and return the registered documents.
My loved one has lost mental capacity and there is no Power of Attorney – what can I do?
Don’t worry, we can help. If there is no Power of Attorney in place, we can apply to the Court of Protection to appoint a Deputy (or Deputies) to deal with your loved one’s affairs. This is a more complicated process than having a Power of Attorney, but the end result is essentially the same. We can help you every step of the way. Find out more here
What does a Power of Attorney do?
Powers of Attorney are legal documents that allow people to nominate someone they know, for example a member of their family, a close friend or loved one or a business associate, to act on their behalf should they become unable to deal with their own affairs, for example as a result of illness, a degenerative condition or injuries caused by an accident. A Power of Attorney is like an insurance policy. You hope you will never have to use it, but if you have one it will save your loved ones an awful lot of stress and it will make looking after you much, much easier. Find out about making a Power of Attorney and how Leech & Co can help you here.
Who can be an Attorney and what do they do?
In the event that you become unable to make decisions for yourself, the person or people you appoint to make decisions on your behalf become your “Attorney” and they can deal with healthcare providers, financials bodies (including banks) or any other relevant person or company that deals with your affairs. Any person can be appointed as your Attorney (as long as they are over 18), including your spouse, adult children, siblings, friends, a business colleague or your solicitor. Find out more about making a Power of Attorney and how Leech & Co can help you here.
Grant of Probate and Estate Administration
I’m an Executor in a Will – what do I do?
Solicitors are legally trained and qualified, regulated and supervised by the Solicitors Regulation Authority, fully insured and bound by a code of ethics. Only a Solicitor can provide the legal protection and quality of work that gives you the peace of mind to know that your wishes and instructions will be carried out.
The Executor(s) can deal with the Estate, but there are pitfalls, certain elements can be complex and there are legal consequences for the Executors if the process is not carried out correctly. There are also the tax and financial aspects of dealing with an Estate which can be complicated and, again, can lead to serious consequences if the process is not handled correctly.
Using a Solicitor to deal with an Estate ensure that the matter is handled by an expert, in an objective and professional manner and with the full protections of the regulations and insurance. It also means that the Executor, often a family member, does not need to deal with the stresses and complications of the legal and financial aspects of the Estate at a time that will be personally upsetting for them.
Find out more about how we can help Executors with an Estate here
Is a Grant of Probate always needed?
Not always – if the value of the Estate is small i.e. small amounts in bank accounts, and there is no property, then the Estate may be concluded without the Grant of Probate.
However, if the value of certain assets is sufficiently high, then the asset holder e.g. the bank, will request a Grant of Probate to release the funds to the Executor.
If there is a property included with the Estate that needs to be sold or transferred, then a Grant of Probate will be needed.
Please find more information in our Grant of Probate and Estate Administration section here
I am the relative of the deceased, but there is no Will. What do I do?
If there is no Will, the Estate will be dealt with by the rules of Intestacy. These rules will dictate how the Estate is divided and who will inherit.
Administrators will need to be appointed to deal with the Estate and these will usually be relatives of the deceased.
Please find more information in our Grant of Probate and Estate Administration section here
What is Probate?
Probate is the legal process that allows the Estate of a deceased to be concluded i.e. essentially for the Estate debts to be paid, assets to be sold and the net value of the assets to be distributed to the Beneficiaries.
If there is a Will which appoints Executors to deal with the Estate, the legal document that allows this process to happen is called the Grant of Probate.
If there is no Will, then Administrators are appointed to deal with the Estate (essentially the same role as Executors) and the legal document that allows this process to happen is called the Letters of Administration.
Please find more information in our Grant of Probate and Estate Administration section here
How long with the Probate process take?
This is difficult to be confirm because each Estate is different. For example, there may be delays identifying and/or confirming the assets and debts of the Estate, the application process may be complex and lengthy due to the nature of the Estate, inheritance tax may be payable and this will involve dealing with HMRC, there is no precise timescale for the Probate Registry to deal with the Estate and the process of obtaining the funds for each asset will vary and can be lengthy.
We will always provide the Executors or Administrators of the Estate with a time estimate at the outset of the Estate, but this can only be an estimate. However, we will generally expect to conclude an Estate within 6 to 12 months of instructions.
Please find more information in our Grant of Probate and Estate Administration section here
Will Inheritance Tax have to be paid?
We will make a full assessment of whether Inheritance Tax will need to be paid by the Estate when we have been able to make a full assessment of the elements of the Estate i.e. the assets and debts.
If you would like to discuss Inheritance Tax generally and the thresholds that may apply to the Estate, then please contact us
Do you deal with contentious Probate matters?
We don’t deal with Contentious Probate matters. However, if we cannot help you with an Estate or a dispute, we will find a suitable solicitor to help you
Do you deal with the sale of the property?
We don’t deal with the sale of the property, but we will recommend a conveyancing solicitor to you to deal with the sale. You are, of course, entitled to instruct a solicitor of your choice. The fees for the conveyancing solicitor (and the Estate Agent) will be deducted from the proceeds of sale of the house.
I’m an Executor, can I deal with the Estate myself?
Yes, an Executor can deal with an Estate, but there are various complex matters to consider and potential pitfalls to avoid, there are large amounts of paperwork to deal with and the matter of dealing with the Estate and distributing the monies to the Beneficiaries is a significant personal and legal responsibility.
Also, it is common for the appointed Executors to be family members of the deceased and so the Executors will be grieving at the same time as trying to deal with the Estate. Following the death of a loved one, Executors may not want the additional stress of dealing with the Estate.
As Solicitors, we are fully regulated and insured and very experienced in dealing with these matters. Our aim is to take away from the Executor(s) the responsibility, stress and legal burden of their role and ensure that the process is dealt with correctly and efficiently.
Please find more information in our Grant of Probate and Estate Administration section here
The Estate is very straightforward and the value is small. Can you just deal with the paperwork for the application?
Yes, we can. If the Executor wishes to confirm the elements of the Estate and with the distribution of the monies following the issue of the Grant/Letters, then we can prepare the paperwork for the application.
Please find more information in our Grant of Probate and Estate Administration section here
When can the property be sold?
In order to sell the property, you will need the Grant of Probate / Letters of Administration. A property can be put on the market and sale terms agreed, but the actual sale cannot complete until the Grant/Letters have been issued.
Court of Protection
My loved one has lost mental capacity and there is no Power of Attorney – what can I do?
Don’t worry, we can help. If there is no Power of Attorney in place, we can apply to the Court of Protection to appoint a Deputy (or Deputies) to deal with your loved one’s affairs. This is a more complicated process than having a Power of Attorney, but the end result is essentially the same. We can help you every step of the way. Find out more here
How much does it cost to apply to the Court of Protection?
There are many different types of applications to the Court of Protection and the work involved in being a Deputy will be different depending on each person circumstances. Therefore, we cannot charge a Fixed Fee for applying to the Court of Protection. We charge on the basis of our hourly rates. Find out more about an application to the Court of Protection here and about our costs for the application here.
How long will it take to apply to the Court of Protection to appoint a Deputy?
The usual time for an application to the Court of Protection for a person to be appointed as Deputy will generally be in the region of 8 weeks. We cannot estimate the time it will take the court to process the application as this will depend on the resources of the individual court. Find out more about applications to the Court of Protection and how Leech & Co can help you here.
I don’t agree with the person appointed to be Deputy – what can I do?
It is possible to apply to the Court of Protection to contest the appointment of a Deputy and/or the Deputy’s decisions and actions. The Court of Protection has the power to remove a Deputy from the role, appoint a new Deputy and/or to reverse or amend a Deputy’s decision. To do this, the court must be satisfied that the Deputy is not acting in the person’s best interests and to make any changes would be in the person’s best interests. Find out more about applications to the Court of Protection and how Leech & Co can help you here.
I don’t agree with the decision of the Deputy – what can I do?
It is possible to apply to the Court of Protection to contest the appointment of a Deputy and/or the Deputy’s decisions and actions. The Court of Protection has the power to remove a Deputy from the role, appoint a new Deputy and/or to reverse or amend a Deputy’s decision. To do this, the court must be satisfied that the Deputy is not acting in the person’s best interests and to make any changes would be in the person’s best interests. Find out more about applications to the Court of Protection and how Leech & Co can help you here
Leech & Co can help you with all matters relating to Wills, Powers of Attorney, Grant of Probate, Administration of Estates and the Court of Protection. Our friendly, experienced team are here to help you – we will meet you and listen to you, get to know you and advise and assist you every step of the way. Call us now on 0161 749 9000 or click here to request a call back and we can start to help you straight away.



