There are a lot of questions that we are asked about Estate Planning. We have collated the most frequently asked of these questions, built a scenario around them and explained in a simple and straight forward way.

Please have a look below and if you do not find what you are looking for, please contact us directly either through the Contact Us page above or chat to one of our team by phone or email. Thank you

Is Probate required?

My father recently died and his house is in Trust……do I need to obtain Probate as my father only had £2000 in savings ?

A Usually No

Why won’t my wife inherit everything ?

If you die without a Will and you have children…does your wife automatically receive your share of the estate?

A No….she will only receive a fixed sum set by the state

Care Home Fees

Many people are worried about losing their home to pay for Care Home Fees …..there are ways to protect your home and you must be aware of what you can legally do to help prevent this …

Not married and have no Will?

A couple living together as cohabitees have no legal rights to any of their partner’s assets should they die intestate- regardless of how long they have been together……

Protecting children from Previous Marriage

Q.  I am married but wish to leave 50% of my share of my home to my daughter from a previous marriage can i do this?

A. Yes and No ..it depends how you own the property…..you can if it is owned ‘Tenants in Common’.

Father kicked out of home

Q. I own a house jointly with my wife however my father lives with us….I am concerned when I die my wife may not want my father to continue to live in the house ….what do you recommend?

A. In your Will you can create a ‘right to occupy’ clause which will protect your father.

Can I invest on behalf of my mother who has dementia?

Q. My mother has a Lasting Power of Attorney….as the attorney can I invest money on her behalf even though she has lost mental capacity?

A Yes

Unhappy with your Mother’s care home?

Q. My mother has lost mental capacity but luckily I have a health & welfare Lasting Power of Attorney and I am an attorney for my mother…..can I assume full responsibility and deal with the care home if I am unhappy about her care?

A. Yes you can

Excluding Children in your Will

Q. I am wanting to set up a Will but wish to exclude one of my children………..can I do this?

A. You can exclude your children in your Will but that does not mean they cannot still claim on your estate

Choosing a Will Writer

Who would you choose to write your Will?

Buyer Beware!

A recent survey conducted by Lightspeed Research concluded that 66% of people surveyed were not aware Will writing companies are not required to carry Insurance.

Essential Wills does have the necessary insurance in place.

59% of people surveyed did not know that Will writers have to have training or qualifications.

Essential Wills engages in ongoing comprehensive continue professional development and has qualifications in place.

74% of people surveyed said they did not know Will writing companies were unregulated.

Essential Wills is self regulated and a full member of the Society of Will Writers

Who you engage to write your Will could mean the difference between being very happy with a professional service or experiencing mistakes and bad advice resulting in stress.. chaos and financial loss.

Setting up a Will is never easy, but with David’s input we discussed scenarios we never even thought about. His knowledge and explanation made our decision a lot easier.

Anja & Roland Reay

I found the Wills service provided was extremely professional, efficient & simple.
This took all of the confusion and complexity out of this process and left us feeling much more confident & content.

Ian & Deb Innes

I found the service from David to be first class, we felt as though he had our very best interests at heart. The whole process was straightforward and not all time consuming. Thank you again David for looking after us.

Gary Ward