- Frequently Asked Questions
Can family members witness a Will?
Family members should not witness a Will because anyone who may benefit directly or indirectly is legally disqualified, and if they do witness it they lose their inheritance, while witnesses must also be independent adults aged eighteen or over.
How many Executors should I appoint?
You should normally appoint more than one Executor because relying on a single person risks delays or problems if they die, become ill, refuse to act, or are unable to manage the estate when the time comes.
What does an Executor do?
An Executor is responsible for managing the estate after death, which includes applying for probate, collecting assets, paying debts and taxes, arranging the funeral, and distributing everything exactly in line with the Will.
What is the difference between an Executor and a Trustee?
An Executor deals with administering the estate during probate, while a Trustee manages assets held in trust for beneficiaries, and in many Wills the same people perform both roles at different stages.
Is it important to store my Will safely?
It is extremely important to store your Will securely because it is a vital legal document, and your Executors must always know where it is kept so it can be accessed quickly when needed.
Can I change my Will later?
You can change your Will at any time during your life, provided you have capacity, either by making a new Will for major changes or by using a Codicil or Memorandum of Wishes for smaller updates.
Does a PWPT affect my mortgage?
A Protective Will Property Trust does not affect your mortgage in any way, as the mortgage terms remain exactly the same and continue as normal both during your lifetime and after death.
How are assets moved into a Living Trust?
Property transfers into a Living Trust are usually handled for you with Land Registry applications, while other assets normally require you to contact banks or institutions directly using guidance provided.
What is a Memorandum of Wishes?
A Memorandum of Wishes is not legally binding but gives clear guidance to Executors about personal wishes, such as funeral arrangements or gifts of specific items, and it is easy to update as circumstances change.
What should I do when someone dies?
When someone dies, the Executor must begin their role by contacting key organisations, registering the death, and arranging probate, while professional Executors can handle these steps efficiently and sensitively.
What is a PWPT?
A Protective Will Property Trust is a Will structure that separates ownership of a property into distinct shares, often combined with severing joint tenancy, to protect each person’s interest independently.
Why might I need a PWPT?
A PWPT is useful because it helps protect your share of the family home for your chosen beneficiaries, especially where remarriage or future relationships could otherwise redirect inheritance away from your bloodline.
Why consider a Living Trust?
A Living Trust helps protect assets during your lifetime, provides peace of mind, and ensures your property passes to your spouse, children, and their bloodline exactly as you intend after death.
What is an LPA and why is it needed?
A Lasting Power of Attorney allows trusted people to make financial or health decisions for you if you lose capacity, ensuring your affairs are managed lawfully and according to your wishes.
What happens after an LPA is signed?
After signing, an LPA must be registered with the Office of the Public Guardian before it has legal effect, a process that can take several weeks and allows the document to be used when needed.
When can an LPA be used?
A Financial LPA can usually be used once registered, while a Health and Welfare LPA is used only if capacity is lost, and restrictions can be added to control exactly when powers apply.