General Wills Questions For Clients
What is a Will?
A Will is a legal document that sets out how your assets, property, and finances will be distributed after your death. It can also appoint guardians for minor children.
Why do I need a Will?
Without a Will, the law decides who inherits your estate via intestacy rules, which may not reflect your wishes. A Will ensures your estate is distributed according to your preferences.
What is a Mirror Will?
A Mirror Will is made by two people (usually a couple) with nearly identical terms. Typically, it leaves the estate to each other first, then to shared beneficiaries, simplifying planning for couples.
Can I make a Will myself?
Yes, but mistakes can make them invalid or lead to disputes. Using a solicitor guarantees legal compliance and reduces risk.
Can I change my Will?
Yes. You can update your Will using a Codicil (an amendment) or create a new Will entirely. Major life events, divorce, children, or asset changes—may require updates.
How much does it cost to make a Will?
Costs vary by complexity. Simple Wills are more affordable; Mirror Wills, complex estates, or trusts may cost more. Solicitor-led Wills ensure legal validity.
How often should I review my Will?
Every 3–5 years, or after major life changes (divorce, births, deaths, or acquiring property).
Can I leave gifts to charities in my Will?
Yes. You can leave specific amounts or a percentage of your estate to charitable organisations.
What happens if I die without a Will?
Your estate is distributed under intestacy rules, which may not reflect your wishes. This can cause delays and disputes among family members.
Power of Attorney (LPA) Questions for clients
What is a Lasting Power of Attorney (LPA)?
An LPA allows someone you trust (an attorney) to make decisions on your behalf if you lose mental capacity. There are two types:
- Property & Financial Affairs LPA – managing money and assets
- Health & Welfare LPA – managing medical care and living arrangements
Why is an LPA important?
Without an LPA, family members may face delays or legal obstacles in managing your finances or health. An LPA ensures decisions are made quickly and according to your wishes.
Who can be my attorney?
Anyone over 18 who is mentally capable, including family members, friends, or professionals. You can appoint multiple attorneys.
Can I set conditions on my LPA?
Yes. You can include specific restrictions or instructions for your attorney.
When does an LPA take effect?
Property & Financial Affairs LPA: can take effect immediately or when you lose mental capacity
Health & Welfare LPA: only comes into effect if you cannot make decisions yourself
How long does it take to register an LPA?
Typically 8–10 weeks with the Office of the Public Guardian. Solicitor-led registration ensures accuracy and reduces delays.
Can I cancel an LPA?
Yes, as long as you have mental capacity. You must notify the Office of the Public Guardian.
Can an attorney refuse to act?
Yes. Attorneys must consent to act. You can appoint alternates if your primary choice declines.
Can my attorney make gifts from my estate?
Only if specified in the LPA or if they are reasonable gifts for special occasions, like birthdays or weddings.
Can an LPA help me manage property abroad?
Yes, but you may need additional legal guidance depending on the country’s laws.
Advisers & Referrals
Can I refer clients directly for Will or LPA services?
Yes. Using our secure portal, advisers can submit instructions and be kept up to date at key stages.
Are these services solicitor-led?
Absolutely. All Wills, Mirror Wills, and LPAs are completed by Holly McKean, experienced estate planning solicitor.
Are the services secure and confidential?
Yes. All data is encrypted, GDPR-compliant, and accessed only by authorised personnel.
Can clients update their Will or LPA through the portal?
Clients can request updates via their adviser; Holly McKean will manage amendments securely.
Planning & Legal Considerations
Can I leave digital assets in my Will?
Yes. Digital assets, including social media accounts, cryptocurrencies, and online files, can be included with instructions for management or transfer.
What is an executor, and can I appoint one?
An executor is responsible for administering your estate according to your Will. You can appoint one or more trusted individuals.
What if my Will is contested?
A solicitor-led Will is less likely to be disputed. In case of contestation, professional guidance helps resolve disputes effectively.
Can LPAs and Wills work together?
Yes. Wills handle asset distribution after death, while LPAs manage affairs if you lose capacity during life. Both are essential for comprehensive estate planning.
Are there tax benefits in estate planning?
Proper planning can minimise inheritance tax liability and ensure efficient transfer of assets to beneficiaries.
