FAQ

Who can be my Executors?  Executors are the people you appoint to carry out your wishes in your Will and they are the people who will also apply for probate (if needed).  You can also appoint a professional to act as an executor.  Pro-Legal Services are happy to be named as Professional Executors in your Will at no extra cost.  Please click here for details on Executor Responsibilities.

Who can be my Witness? Your witness needs to be someone who is present at the signing of your Will.  They cannot be anybody named as a beneficiary in your Will, or a spouse of any beneficiary in your Will. Your witness should also be over the age of 18 and be of sound mind.  

When do I need to appoint a Guardian?  You should appoint a Guardian if you have any children under the age of 18.   A Guardian is someone you can trust to look after your children if you are no longer around.  In cases where parents of children are not married a mother should consider appointing the children's father as Guardian (see Parental Responsibility).

What are Trustees?  Trustees are people appointed to take care of your estate held in trust for example your children until they reach an age where the estate can be passed to them.  A trustee can have discretion over payments of money to a child to assist in their welfare or education fees.  A trustee should be someone you trust and ideally you should appoint more than one.

What is the "Residue" of my Estate?  The residue is everything left after all of your debts have been settled, which includes your funeral expenses, taxes and any specific gifts you have made.

What happens if I don't make a Will?  If you don't make a Will you will die "Intestate" and the Government will decide who will benefit from your estate.

Where can I store my Will?  As an extremely valuable document your Will should be stored in a secure place to avoid loss or damage.  It doesn't matter how many copies of your Will you have, the original is the only legally binding copy.  

How do I make changes to my Will?  You can make changes to your Will as often as you like.  It is advisable to review your Will on a regular basis to ensure it is kept up to date.  If your Will is stored by us you simply call us to notify of any changes and we will take care of the rest.

What happens if I marry or divorce?  If you marry then your Will becomes invalid, unless you make your Will in contemplation of a marriage.  If you divorce you should be aware that your ex-spouse will not benefit from your Will, however you should always make a new Will to ensure that their share passes to your chosen beneficiaries.

What is an Advance Directive?  An Advance Directive, or Living Will is a document stating your wishes regarding the conduct, or, refusal of certain medical treatment if you are unable to do so yourself.  Pro-Legal Services include an Advance Directive in all of their Wills at no extra cost.

What is a General Power of Attorney?  A General Power of Attorney, or Ordinary Power of Attorney can be used to allow others to act on your behalf, for example you may be away on holiday or business, in hospital or otherwise incapacitated and are unable to sign legal paperwork or attend meetings.  A General Power of Attorney will allow you to appoint someone to deal with matters on your behalf.  Pro-Legal Services include a General Power of Attorney in all their Wills at no extra cost.

What is a Lasting Power of Attorney?  A Lasting Power of Attorney should be considered by everyone over the age of 40.  It is a document that sets out your wishes in the event you cannot carry them out yourself.  Unlike a General Power of Attorney this document will be valid should you lose mental capacity and will enable your appointed attorney to carry out all of your wishes from financial & property matters to personal welfare.  A Lasting Power of Attorney can be drafted and kept until such time as it is needed.  Your Lasting Power of Attorney must be registered with the Office of the Public Guardian before it can be used.

What are the responsibilities of an Attorney? An attorney acting for you under Power of Attorney must always act in your best interests.  They must also gain your agreement to take actions on your behalf, whilst you have the capacity to make such directions.

What if I already have an Enduring Power of Attorney? The Mental Capacity Act replaces Enduring Powers of Attorney (EPA) with a new type of power of attorney called a Lasting Power of Attorney (LPA).  You cannot make any changes to an existing EPA or make a new one.   You can make a new LPA to deal with your healthcare and welfare to run along side an existing EPA.

What is meant by Tenants in Common?  Tenants in Common is the way two or more people can own their home.  If you own your home as Tenants in Common then each owner can leave their share in the property to another person or persons, named in their Will; e.g children.  A  Protective Property Trust may be included in your Will to ensure a surviving partner can continue to use the whole property for the rest of their lifetime.

What is mean by Joint Tenants? This is the most common way two or more people may own their home.  If you own your house as Joint Tenants then upon death your half of the house automatically passes to the surviving owner and they may choose who inherits the whole property.  You can change your ownership to Tenants in Common by one or both of you signing a Severance of Tenancy Agreement.

Should you have any further questions please call us FREE on 0800 4402319 or email admin@prolegalservicesgroup.com