Previous Questions Answered - Wills and Probate

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  • I’ve been told I could change the provision of my mother’s Will after she has died. How would I do this and what would be the reason for doing so?

  • I have an Enduring Power of Attorney – is this still valid?

  • I have been asked by a friend to be an executor of his Will – should I accept?

  • What is a trust?

  • My mother has recently passed away and I am her only child and the only beneficiary of her estate. I have been able to close her bank accounts and would now like to sell her property. How do I go about this?

  • I have recently downsized and would like to make some large gifts to my children from my surplus cash. I know that the seven year rule will apply, but how do HMRC actually find out that I have made the gifts?

  • I made a Power of Attorney some years ago appointing my daughter as my sole attorney and I would now like to add my son to it. Is this something you can help me with?

  • My grandmother has recently died. She did not have many assets. How do I know if I need to get a Grant of Probate or not?

  • My partner and I have two young children aged 5 and 7. We are looking at preparing our first Wills and would want everything to go to our children if something should happen to both of us. Please can you explain how this would work?

  • I have been advised that if I give my property to my children whilst I am still fit and well, then I won’t have to pay care fees and can protect my assets for my children. Is this correct?

  • I have been told that if I make large gifts to charity in my Will, then I won’t have to pay any Inheritance Tax. Is this correct?

  • I have been thinking about making a Will but I am not sure how to look after both my second wife and my children from a previous marriage. What do you recommend?

  • I have a Will in place leaving everything to my children. I have recently re-married but am still happy with my Will and my new husband is fully aware. Do I need to do anything?

  • My partner and I are moving in together and my parents are giving me the deposit. They don’t want this back but they would like me to keep this if we split up. What should I do?

  • I have heard that the Inheritance Tax limit is going up to £1 million. My estate is well below this. I can ignore Inheritance Tax then can’t I?

  • My friend has told me to review my Will, even though my circumstances haven’t changed. Is there any need?

  • My father has recently been diagnosed with Dementia and his health has deteriorated very quickly. He made an Enduring Power of Attorney in 2002- can I use this now?

  • I have read in the papers that George Martin (the ‘fifth beatle’) has cut his son out of his Will. Will his wishes be honoured?

  • My partner and I have recently had a baby and so need to make a new Will appointing a guardian for our son. Can you explain how this would work?

  • I have an Enduring Power of Attorney, which I made some years ago, appointing my children as my attorneys. Is this still valid or does this need updating to a Lasting Power of Attorney?

  • I am currently reviewing my Will and wish to put a new Will in place but I am not sure who I can appoint as my Executor, can you please advise?

  • I have a Power of Attorney in place for my father who has recently gone into a care home. I now need to sell his house, am I able to do this with the Power of Attorney? The property is owned in his sole name.

  • I have been advised that the Inheritance Tax threshold is changing. Is this correct?

  • My aunt has recently died and I am her next of kin. I have looked through her papers but cannot find a Will. What do I do now?

  • I have recently received a large sum of money from my brother who died last year. I would like to give this to my grandchildren but I have heard it is a good idea to have this professionally drawn up in a Deed...

  • I am married with two children and don’t currently have a Will in place. If I die will everything automatically pass to my husband or do I need to make a Will?

  • I have been advised that I need a Lasting Power of Attorney for my mother. However, my mother is currently in a care home suffering from Dementia and so I am not sure how to proceed with this. Can you please advise?

  • Do I need a solicitor to obtain a Grant of Probate?

  • Can I give £20,000 in cash to my children?

  • I own an interest in a business. What do I need to think about when making my Will?

  • I have a death-in-service benefit from my employer of 3 times my annual salary. This is a valuable benefit and the HR department have given me an Expression of Wishes form. What is this and do I need to change my Will?

  • I have an estate of nearly £1,000,000. I have been married and widowed but am thinking of getting married to a long term companion.

  • Can you say a few words about the benefits of leaving one's share of a property to a Trust in a Will?

  • If I give my house to my son will I avoid Inheritance Tax?

  • When will I have to start paying inheritance tax?

  • What would happen if I became mentally incapable and didn't have an Lasting Power of Attorney?

  • How can I provide for my disabled child in my Will without making an outright gift?