Frequently
Asked
Questions
1.What is a Freelance Solicitor?
I am a member of the Law Society, the independent professional body for solicitors and describing itself as “the voice of solicitors, driving excellence in the profession and safeguarding the rule of law”. I am a Freelance Solicitor working under Regulation 10 of the SRA Authorisation of Individuals Regulations 2019 and am listed on the SRA’s digital register as authorised to provide non -reserved legal activities.
I hold a Practicing Certificate and you can search for me on the Roll of Solicitors.
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2 .Will I deal with anyone else?
No, there is only me and I will deal with everything. You can phone me and email me and if I can’t answer your call right away, leave a message and I promise to call you back. Or you can email me and I will respond as soon as I can.
3 .Will you talk to my family instead of me?
The starting answer to this is no, I only take instructions from you. You are my client, and your instructions are confidential. I will ensure that I only do what you want, not what anyone else wants.
4 . How long will it take to make a Will?
We will arrange a meeting to discuss your wishes and go through your personal circumstances. After that meeting, I will send you my engagement letter and, assuming you confirm you want me to go ahead, I will draft your documents within a week of receiving your final instructions and signed engagement letter.
5 .How much will it cost?
Although you can buy an off-the-shelf Will very cheaply, the Wills and other legal documents I draft, are individual and bespoke for you. The law surrounding Wills and Inheritance tax is complex and some Wills can be a lot more complex than others. I take time to understand your circumstances and to advise you properly. After our initial no obligation meeting, I will provide you with the cost before you need to commit any further. Please see the section 'Fees' on my website for more information about the different services I offer.
6 .What is a Will?
A properly drafted Will is a binding legal document which comes into effect when you die. It sets out what you want to happen to your property and other assets after your death. It enables you to distribute your estate to people of your choice, it can help protect your estate from unnecessary inheritance tax or care home fees and it can do extra things like appoint Guardians for minor children.
7 .What if I die without a Will?
It is a common myth that your estate will automatically go to your surviving spouse or civil partner. This is not the case and inheritance tax may become unnecessarily payable. The Intestacy Rules do not provide for cohabiting couples, stepchildren or charities and make no provision for the guardianship of minor children. It is much better to take the time to have your Will drafted properly to make sure that your wishes are fulfilled when you die.
8 .Can I write my own Will?
Yes, you can, but please bear in mind that a Will is a technical legal document which needs to be flexible and future proof. There will be consequences if you do not do it properly and it is easy to make mistakes. Mistakes can have devastating consequences for family members, they can lead to the Will being invalid and you dying intestate or having to pay unnecessary Inheritance Tax. A poorly drafted Will can lead to misunderstandings and expensive arguments through the courts.
9 .What else can a Will do?
A properly drafted Will can do a list of things, such as including express provisions for your funeral, naming who you want to administer your estate and who you want to be responsible for the guardianship of any minor children. It can make gifts of your personal possessions or of money or property to friends, family or charities. It can minimise the effects of taxation and will clearly state your instructions for the distribution of your assets to beneficiaries of your choice, including what happens if your chosen beneficiaries die before you.
10 .Where should I store my Will or Powers of Attorney?
I advise that the original Will and any Trusts, Letter of Wishes, or Lasting Powers of Attorney are stored with the National Will Archive so they are kept safe for you. I can help you to arrange this with them. I also strongly advise that the Will is registered with "Certainty, the National Will Registration" service, and if you store your Will through the National Will Archive they will do this for you automatically and as part of their fee.
11 .What is a Lasting Power of Attorney?
A lasting power of attorney (LPA) is a legal document where you authorise another person or persons (known as your "attorney(s)") to act for you if you have lost mental capacity and cannot make your own decisions or if you wish for that person to have the power to deal with your affairs.
12 .What types of LPAs are there?
There are two types of LPA:
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One deals with Finance and Property.
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The other deals with Health and Welfare.
You can have either or both types of LPA.
13 .What happens if I don't have a LPA and I lose capacity?
If you don’t have an LPA in place and you lose mental capacity, it will be necessary for someone to make an expensive and time-consuming application to the Court of Protection in order to act on your behalf. This is currently taking about a year for the Court of Protection to process.