Question 1

What happens if I die without a will?

Accepted Answer

In England and Wales your estate is distributed according to the intestacy rules, not your wishes. If you have surviving descendants, your spouse may not inherit everything. Unmarried partners have no automatic entitlement under intestacy. If there are no entitled surviving relatives, your estate passes to the Crown.

Question 2

Do I need a will if I'm married?

Accepted Answer

Yes. In England and Wales, if you die without a will and have surviving children, your spouse gets your personal possessions, the first £322,000 and half the remainder. Your children share the other half; shares for children under 18 are held on the statutory trusts. Most married couples want different arrangements.

Question 3

At what age should I make a will?

Accepted Answer

As soon as you have assets, responsibilities, or people who depend on you. This typically means when you buy property, have children, get married, or start a business. There's no minimum age requirement if you're over 18 and have mental capacity.

Question 4

How often should I update my will?

Accepted Answer

Review your will at least every five years and after major life changes such as marriage, divorce, children, property changes or an inheritance.

Question 5

Can I leave someone out of my will?

Accepted Answer

Yes, but certain people can challenge your will under the Inheritance Act 1975 if they were financially dependent on you. This includes spouses, children and anyone you maintained. Courts can override your will if they find you didn't provide reasonable financial provision.

Question 6

What's the difference between a will and a trust?

Accepted Answer

A will takes effect when you die and goes through probate. A trust can start during your lifetime and can avoid probate. Trusts are used for tax planning, protecting assets, controlling when beneficiaries inherit and providing for vulnerable family members.

Question 7

What age should I get an LPA?

Accepted Answer

You must be 18 or over and have the capacity to make an LPA. A diagnosis such as dementia does not by itself settle capacity; the relevant decision and timing must be assessed. Plan before capacity is lost.

Question 8

What happens if I don't have an LPA and lose capacity?

Accepted Answer

Relatives do not automatically have authority over your sole finances. A deputyship or one-off court application may be needed. Care and treatment decisions follow capacity and best-interest rules. Costs and timescales depend on the application.

Question 9

Can I have more than one attorney?

Accepted Answer

Yes. You can appoint multiple attorneys to act jointly (all decisions made together), jointly and severally (each can act independently), or jointly for some decisions and severally for others. Most people appoint 2 to 3 attorneys with at least one replacement attorney.

Question 10

Can I cancel an LPA once it's registered?

Accepted Answer

Yes. You can revoke an LPA at any time as long as you still have mental capacity. You need to notify the Office of Public Guardian and inform your attorneys. If you've lost capacity, only the Court of Protection can cancel an LPA.

Question 11

What's the difference between the two types of LPA?

Accepted Answer

A property and financial affairs LPA covers specified financial decisions and must be registered before use. While you have capacity, its use requires your permission and must follow its terms. A health and welfare LPA applies when you lack capacity for the relevant decision.

Question 12

How much can I leave before paying inheritance tax?

Accepted Answer

The standard nil-rate band is £325,000, which earlier taxable gifts can reduce. A qualifying home left to direct descendants may add up to £175,000, subject to conditions and taper above £2 million. A surviving spouse or civil partner may have transferable unused bands; up to £1 million is a conditional maximum.

Question 13

Do I pay inheritance tax if I'm married?

Accepted Answer

No tax when you leave assets to your spouse or civil partner. Everything passes tax-free between spouses. But when the surviving spouse dies, their estate (which now includes what they inherited) may face a large tax bill if not properly planned.

Question 14

How can I reduce my inheritance tax bill?

Accepted Answer

The options may include allowances, gifts, wills or trusts, but each has tax, control and affordability trade-offs. Repton compares estate-planning routes; regulated investments, pensions and insurance stay with an FCA-authorised adviser.

Question 15

Is my pension included in my estate for inheritance tax?

Accepted Answer

The treatment depends on the scheme, death benefit and law at the time. Ask the provider to confirm its records and an FCA-authorised adviser to assess any pension decision.

Question 16

What's the 7-year rule for gifts?

Accepted Answer

Some gifts are exempt immediately. A non-exempt outright gift may affect inheritance tax if the giver dies within seven years. Taper can reduce tax due on a gift above the available nil-rate band after three years; it does not reduce the gift value. Retained benefits and trust transfers need separate review.

Question 17

How long does probate take?

Accepted Answer

The grant application and the administration of an estate are different stages. Timing depends on the assets, tax, documents and any disputes. Check the current probate-service information and the estate-specific advice before relying on a timetable.

Question 18

Do I need probate if there's a will?

Accepted Answer

Usually yes, if the estate includes property or assets above £5,000 to £50,000 (depending on the institution). Banks and the Land Registry require a grant of probate before releasing assets. Jointly owned property that passes automatically doesn't need probate.

Question 19

Can I be forced to be an executor?

Accepted Answer

No. Being named as an executor in someone's will doesn't obligate you to act. You can decline by signing a renunciation of executorship. However, once you start acting as executor (even just sorting paperwork), you can't easily step down.

Question 20

What does an executor actually do?

Accepted Answer

An executor establishes the estate assets and liabilities, deals with any probate and tax requirements, pays valid debts and distributes the estate according to the will. The work and time depend on the estate; keep records and obtain professional help where needed.

Question 21

Can I leave my house to my children but let my spouse live there?

Accepted Answer

A suitably drafted trust or right of occupation may support that objective. The deed determines occupation, trustee powers, sale or replacement-property arrangements and the eventual beneficiaries. Legal and tax advice is needed to fit the terms to your family.

Question 22

What happens to my children from my first marriage if I remarry?

Accepted Answer

If you make a standard will leaving everything to your new spouse, your children could be disinherited when your spouse dies (especially if they remarry or favour their own children). You need a life interest trust or specific provisions to protect your children's inheritance.

Question 23

Does divorce automatically cancel my will?

Accepted Answer

In England and Wales, divorce generally changes how provisions for a former spouse operate rather than cancelling the whole will. Marriage can revoke an earlier will unless an exception applies, including a will made in contemplation of that marriage. Review the will with a solicitor after either event.

Question 24

Can my spouse change their will after I die?

Accepted Answer

Yes, unless you have mutual wills (a legal agreement that neither of you will change your will after the first death). Standard mirror wills don't prevent your spouse from rewriting their will once they inherit your estate.

Question 25

Can I write my own will?

Accepted Answer

A will can be valid without a professional drafting it, but the legal requirements and wording matter. Property, children, a blended family, trusts or overseas assets can make tailored legal advice valuable.

Question 26

Who can witness my will?

Accepted Answer

Any adult over 18 with mental capacity who isn't a beneficiary or married to a beneficiary. You need two witnesses present at the same time. Family members can witness, but they shouldn't be inheriting anything. Solicitors, neighbours, or colleagues are ideal witnesses.

Question 27

Where should I keep my will?

Accepted Answer

Keep the original securely and tell your executors where it is and how to obtain it. Compare the current access arrangements and fees of any professional storage service before choosing.

Question 28

How much does estate planning actually cost?

Accepted Answer

Different fees reflect different jobs. Repton's current fixed fees include £449 for a Single Will, £799 for Mirror Wills, £2,995 for Trust Planning & Coordination and three inheritance tax & Succession Planning tiers at £2,995, £5,995 and £9,995. External legal, regulated and statutory fees are separate.

Frequently Asked Questions

General Estate Planning

Lasting Powers of Attorney

Inheritance Tax

Wills and Probate

Blended Families and Second Marriages

Practical Questions

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