Question 1

Why should I make a Will?

Accepted Answer

A Will ensures that your wishes are carried out after you pass away. Without a Will, the law decides who inherits your estate — and this may not be what you would have wanted. A Will also makes the process much easier for your loved ones during a difficult time.

Question 2

What types of Wills do you offer?

Accepted Answer

We offer a range of Wills including Simple Wills, Property Trust Wills, Discretionary Trust Wills, Nil Rate Band Wills, and Islamic Wills. Each type serves a different purpose, and we'll advise you on the best option for your circumstances.

Question 3

How much does a Will cost?

Accepted Answer

Our basic Wills start from only £195. More complex Wills, such as Trust Wills, may cost more depending on your requirements. We'll always give you a clear quote before we start.

Question 4

Can I change my Will after it's been made?

Accepted Answer

Yes, you can update your Will at any time by creating a new Will or by adding a Codicil (an amendment to your existing Will). We recommend reviewing your Will every few years or after any major life change such as marriage, divorce, the birth of a child, or a significant change in assets.

Question 5

What happens if I die without a Will?

Accepted Answer

If you die without a Will (intestate), the rules of intestacy determine who inherits your estate. This follows a strict legal hierarchy and may not reflect your wishes. Notably, unmarried partners receive nothing under intestacy rules, regardless of how long you've been together.

Question 6

Can I write my own Will without a professional?

Accepted Answer

While it's legally possible to write your own Will, DIY Wills are frequently challenged and can contain errors that invalidate the entire document. Professional guidance ensures your Will is legally sound, properly witnessed, and covers all necessary provisions.

Question 7

What is a mirror Will?

Accepted Answer

Mirror Wills are two separate Wills made by a couple that reflect each other — typically, each leaves everything to the other and then to the children. They are independent documents, meaning either person can change their Will at any time.

Question 8

Do I need to update my Will after getting married?

Accepted Answer

Yes — marriage automatically revokes any existing Will in England and Wales (unless it was made in anticipation of that specific marriage). If you get married without making a new Will, you effectively die intestate.

Question 9

What is a Lasting Power of Attorney (LPA)?

Accepted Answer

A Lasting Power of Attorney is an official registered document that allows one or more people you trust (your 'attorneys') to make decisions on your behalf if you lose capacity to make them yourself. There are two types: one for Property & Financial Affairs and one for Health & Welfare.

Question 10

Why do I need Powers of Attorney?

Accepted Answer

Without LPAs in place, if you lose capacity your family may need to apply to the Court of Protection to manage your affairs — a process that can take 4-12 months and cost £3,000-£5,000 or more. LPAs ensure your chosen people can act quickly and in your best interests.

Question 11

How much do LPAs cost?

Accepted Answer

Our LPA fees start from as little as £150 each. There is also a registration fee of £82 payable to the Office of the Public Guardian.

Question 12

When should I set up an LPA?

Accepted Answer

It's best to set up LPAs while you are fit and well. You must have mental capacity to create an LPA, so it's important not to leave it too late. LPAs don't have to be used straight away — they can be kept until they are needed.

Question 13

What's the difference between an LPA and a Deputyship?

Accepted Answer

An LPA is set up by you while you have capacity, choosing your own attorneys. A Deputyship is applied for after you've lost capacity, through the Court of Protection. Deputyships are far more expensive (£3,000-£5,000+), take longer, and the court — not you — decides who manages your affairs.

Question 14

Can I have more than one attorney?

Accepted Answer

Yes, you can appoint multiple attorneys. They can act 'jointly' (all must agree on every decision), 'jointly and severally' (they can act together or independently), or a combination of both. We'll advise you on the best arrangement.

Question 15

What is an Advance Decision (living will)?

Accepted Answer

An Advance Decision allows you to refuse specific medical treatments in advance, in case you later lose the capacity to make or communicate decisions. It works alongside your Health & Welfare LPA but is a direct instruction rather than delegating decision-making.

Question 16

What is Probate?

Accepted Answer

Probate is the legal process of administering a deceased person's estate. It involves applying to the Probate Registry for a Grant of Probate, which allows the Executors to deal with the deceased's assets such as bank accounts, property, and investments.

Question 17

When is Probate required?

Accepted Answer

Probate is usually required when a person passes away and leaves an estate of over £5,000, or if they owned property. If the estate is below this threshold, Probate may not be needed. The probate application fee in 2026 is £300.

Question 18

How long does Probate take?

Accepted Answer

The entire probate process typically takes 6-12 months, though complex estates can take longer. The Grant of Probate itself usually takes 4-8 weeks to issue after application. Collecting assets and distributing the estate takes the remaining time.

Question 19

What is the Inheritance Tax threshold in 2026?

Accepted Answer

The current Inheritance Tax nil-rate band is £325,000, where it has been frozen since 2009 and will remain until at least 2030. Estates valued above this amount may have to pay IHT at 40%. The Residence Nil-Rate Band adds up to £175,000 when leaving your home to direct descendants.

Question 20

Can you help reduce Inheritance Tax?

Accepted Answer

Yes. We offer specialist advice including Wills that maximise your tax-free allowances, Trust planning, gift strategies, and charitable giving. In 2025/26, HMRC collected a record £7.8 billion in IHT — proper planning can significantly reduce your family's liability.

Question 21

What is the Residence Nil-Rate Band?

Accepted Answer

The Residence Nil-Rate Band (RNRB) is an additional £175,000 allowance per person that applies when you leave your main home to direct descendants (children, grandchildren). Combined with the nil-rate band, a married couple can potentially pass on up to £1 million tax-free.

Question 22

Are gifts subject to Inheritance Tax?

Accepted Answer

Gifts can be subject to IHT if you die within seven years of making them. However, there are several exemptions: the annual exemption (£3,000 per year), small gifts (£250 per person per year), wedding gifts, and gifts from surplus income. Gifts made more than seven years before death are generally exempt.

Question 23

How does a mortgage affect my estate?

Accepted Answer

If you die with an outstanding mortgage, the debt must be repaid from your estate or through mortgage protection insurance. Without adequate cover, your family may need to sell the property. With average UK mortgage debt at £145,000 in 2026, it's important to plan for this.

Question 24

What is mortgage protection insurance?

Accepted Answer

Mortgage protection insurance (mortgage life insurance) is a decreasing term policy designed to pay off your mortgage if you die during the term. In 2026, it costs approximately £15-£25 per month for a £200,000 mortgage for a healthy 35-year-old non-smoker.

Question 25

Does life insurance form part of my estate for IHT?

Accepted Answer

Yes, by default. If your life insurance payout forms part of your estate, it could be subject to 40% IHT. The solution is to place the policy 'in Trust', meaning the payout goes directly to your beneficiaries without passing through your estate.

Question 26

What happens to a joint mortgage when one owner dies?

Accepted Answer

It depends on how the property is owned. As 'joint tenants', the property automatically passes to the surviving owner. As 'tenants in common', the deceased's share passes according to their Will or intestacy rules. The mortgage remains, so insurance cover is essential.

Question 27

Do insurance payouts affect the value of my estate?

Accepted Answer

Yes. Life insurance, critical illness, and death-in-service payouts all increase your estate value for IHT purposes unless they are written in Trust. A home worth £280,000 plus a £100,000 life insurance policy creates a £380,000 estate — above the nil-rate band.

Question 28

What about death-in-service benefits from my employer?

Accepted Answer

Employer death-in-service benefits (typically 3-4x annual salary) can significantly increase your estate value. We recommend writing a separate expression of wishes for this benefit and reviewing it regularly, especially after life changes.

Question 29

Can I gift my property to avoid Inheritance Tax?

Accepted Answer

While tempting, gifting your property has significant pitfalls. If you continue to live in a gifted property, it's still counted as part of your estate (gift with reservation of benefit). There may also be Capital Gains Tax and Stamp Duty implications. Better alternatives include Property Trusts and proper IHT planning.

Question 30

What is tenants in common vs joint tenants?

Accepted Answer

As joint tenants, the property passes automatically to the survivor (right of survivorship). As tenants in common, each owner has a defined share that passes according to their Will. Tenants in common is recommended for Property Trust planning and blended families.

Question 31

How much do care homes cost in 2026?

Accepted Answer

The average cost of residential care in England is approximately £52,000 per year, while nursing care averages £72,000 per year. In London and the South East, costs can exceed £80,000 per year.

Question 32

Will my home be taken to pay for care?

Accepted Answer

Your home is included in the local authority's financial assessment if you move permanently into a care home — unless a qualifying person still lives there (spouse, partner, dependent relative under 18, or someone who is incapacitated). A Property Trust Will can help protect your share.

Question 33

What is the means test threshold for care?

Accepted Answer

If your capital exceeds £23,250 (2026), you are expected to fund your own care. Between £14,250 and £23,250, you make a contribution. Below £14,250, care is fully funded by the local authority.

Question 34

Can I transfer assets to avoid 3rd party claims?

Accepted Answer

If you transfer assets to avoid third-party claims when care is already needed or foreseeable, the local authority can treat this as 'deliberate deprivation of assets' and assess you as if you still own them. It's essential to plan well ahead with proper trust structures.

Question 35

Is there a cap on care costs?

Accepted Answer

As of 2026, the government's proposed cap on lifetime care costs has been repeatedly delayed and is not yet in place. This means care costs can continue indefinitely, making proactive planning essential.

Question 36

How can a Property Trust protect my home?

Accepted Answer

A Property Trust places your share of the property into Trust through your Will. Your spouse can continue living in the property, but your share is ring-fenced for your chosen beneficiaries and is not counted as the survivor's assets in a care assessment.

Question 37

What is a Trust?

Accepted Answer

A Trust is a legal arrangement where assets are held by one person (the trustee) for the benefit of another (the beneficiary). Trusts can protect assets, reduce IHT, provide for vulnerable beneficiaries, and ensure your wishes are followed.

Question 38

What types of Trust do you offer?

Accepted Answer

We offer Property Trusts, Discretionary Trusts, Life Interest Trusts, Bare Trusts, Nil-Rate Band Trusts, and Disabled Person's Trusts. Each is designed for a specific purpose, and we'll advise on the best option for your situation.

Question 39

How do Trusts help with Inheritance Tax?

Accepted Answer

Certain Trusts can remove assets from your estate for IHT purposes. For example, a Nil-Rate Band Trust uses your IHT allowance within a Trust, helping to reduce the tax on a married couple's combined estate.

Question 40

What is a Disabled Person's Trust?

Accepted Answer

A Disabled Person's Trust (Vulnerable Person's Trust) provides for a disabled or vulnerable beneficiary without affecting their means-tested benefits. The funds are held by trustees and used for the beneficiary's benefit but aren't counted as their personal capital.

Question 41

Can Trusts protect against sideways disinheritance?

Accepted Answer

Yes. In blended families, a Trust can protect your children's inheritance if your spouse remarries. A Life Interest Trust allows your spouse to benefit from assets during their lifetime, with the capital eventually passing to your children.

Question 42

What is an Islamic Will?

Accepted Answer

An Islamic Will is a Sharia-compliant Will that distributes your estate according to Islamic principles (faraid) while remaining legally valid in England and Wales. It includes fixed shares for prescribed heirs, provision for the one-third bequest (wasiyyah), and funeral wishes.

Question 43

Is an Islamic Will legally binding in the UK?

Accepted Answer

Yes. English law allows testamentary freedom — you can distribute your estate however you wish. By choosing to follow Sharia inheritance principles in your Will, it becomes a legally binding document in England and Wales.

Question 44

Do you work with Islamic scholars?

Accepted Answer

Yes, we work closely with Islamic scholars to ensure our Wills meet both Sharia requirements and English legal standards. Our team understands the cultural and religious sensitivities involved.

Question 45

What is a McKenzie Friend?

Accepted Answer

A McKenzie Friend is a person who assists a litigant in person (someone representing themselves) in a court of law. They can take notes, help organise documents, and provide quiet guidance during hearings. The role originates from the 1970 case McKenzie v McKenzie.

Question 46

Is a McKenzie Friend the same as a solicitor?

Accepted Answer

No. A McKenzie Friend is not a qualified solicitor and does not provide formal legal representation. However, they offer practical support, guidance, and — where the court grants permission — can speak on your behalf (known as exercising a 'right of audience').

Question 47

What family matters can you help with?

Accepted Answer

We assist with divorce and dissolution, child arrangement orders (custody and access), specific issue and prohibited steps orders, financial remedy proceedings, enforcement of existing court orders, non-molestation and occupation orders, and consent order drafting.

Question 48

How much does a McKenzie Friend cost?

Accepted Answer

Our McKenzie Friend and advocacy service is priced on application, assessed on a case-by-case basis. Every family situation is different, so we provide a clear, honest estimate before any work begins. Contact us for a free, no-obligation initial discussion.

Question 49

Can a McKenzie Friend speak in court on my behalf?

Accepted Answer

Not automatically. A traditional McKenzie Friend sits beside you and provides quiet assistance. However, a McKenzie Friend can apply to the court for 'rights of audience', which — if granted — allows them to address the judge and advocate on your behalf. We offer this advocacy service where appropriate.

Question 50

What happens before a court hearing?

Accepted Answer

We help you prepare thoroughly — reviewing your case, drafting position statements, preparing court bundles, and explaining what to expect. Good preparation is often the difference between a successful and unsuccessful outcome.

Question 51

Can I use a McKenzie Friend if I have Legal Aid?

Accepted Answer

If you qualify for Legal Aid, you'll typically be assigned a solicitor and wouldn't need a McKenzie Friend. Our service is designed for those who don't qualify for Legal Aid but find solicitor fees unaffordable. We provide a cost-effective alternative.

Question 52

Do you help with domestic abuse cases?

Accepted Answer

Yes. We provide compassionate, confidential support for those seeking non-molestation orders, occupation orders, and other protective measures. We understand the sensitivity of these cases and treat every client with dignity and respect.

Question 53

What areas do you cover for McKenzie Friend services?

Accepted Answer

We provide McKenzie Friend and advocacy services across England and Wales. We can attend court hearings in person or help you prepare for remote hearings conducted via video link.

Question 54

What is a pre-nuptial agreement?

Accepted Answer

A pre-nuptial agreement (pre-nup) is a legal document created before marriage that sets out how assets, property, and finances should be divided if the marriage breaks down. It can cover property, savings, investments, businesses, and debts.

Question 55

Are pre-nups legally binding in England and Wales?

Accepted Answer

Pre-nups are not automatically legally binding, but since the 2010 Supreme Court case Radmacher v Granatino, courts give them significant weight provided certain conditions are met — including independent legal advice for both parties, full financial disclosure, and the agreement being signed at least 28 days before the wedding.

Question 56

How much does a pre-nup cost?

Accepted Answer

Our pre-nuptial agreements are priced on application, as every agreement is tailored to your specific circumstances. We'll always provide a clear, honest estimate before any work begins. Contact us for a free, no-obligation initial discussion.

Question 57

When should I get a pre-nup?

Accepted Answer

Ideally, you should start the process at least 2-3 months before your wedding. The agreement must be signed at least 28 days before the ceremony. Starting early avoids any suggestion of pressure or duress, which could undermine the agreement.

Question 58

Do both parties need a solicitor for a pre-nup?

Accepted Answer

For a pre-nup to carry maximum weight in court, both parties should receive independent legal advice. This means each person should have their own advisor who can explain the implications of the agreement and ensure it's fair.

Question 59

Can I get a post-nuptial agreement if I'm already married?

Accepted Answer

Yes. Post-nuptial agreements follow the same principles as pre-nups and carry similar weight in court. They're ideal for couples who didn't get a pre-nup but wish to formalise financial arrangements during the marriage.

Question 60

Will asking for a pre-nup upset my partner?

Accepted Answer

Many couples find that the process of creating a pre-nup actually strengthens their relationship. It encourages open, honest conversations about finances and expectations. A pre-nup protects both parties — it's an act of mutual care, not mistrust.

Question 61

What can a pre-nup cover?

Accepted Answer

A pre-nup can cover the division of property, savings, and investments; protection of business interests and shares; inheritance and family wealth; pension rights; responsibility for debts; and financial arrangements for any children from previous relationships.

Question 62

Do you offer home visits?

Accepted Answer

Yes, we are happy to visit you in the comfort of your home anywhere within England and Wales. We also offer video conferencing for those who prefer to meet online.

Question 63

Are you qualified and insured?

Accepted Answer

Yes, we are legally qualified and professionally insured. You can be confident that our advice is of the highest standard.

Question 64

What areas do you cover?

Accepted Answer

We serve clients across England and Wales. Home visits and video conferencing are both available.

Frequently Asked Questions

About Wills

Powers of Attorney

Probate & Inheritance Tax

Mortgages, Insurance & Property

Care Fees & Asset Protection

Trusts & Specialist Planning

Islamic Wills & Specialist Services

McKenzie Friend & Family Court Support

Pre-Nuptial Agreements

General Questions

Ready to Protect Your Family's Future?