Frequently Asked Questions for our team of solicitors
General Law Questions
Do you offer home appointments?
- We only offer home appointments. We will always come to you at your home or workplace and we will not ask you to come to our office. Find out more about us here and about our commitment to come to you here.
Do you offer fixed fees?
We offer fixed fees whenever we can so that our clients are certain about the cost of our service(s) right from the start. We will discuss our fees with you and explain clearly to you the total cost of the service we will provide before we start any work. There are no hidden costs and VAT is included our quoted costs. The full details of our costs and fees are here.
If I wanted more than one service, do you offer package deals?
- Yes, we offer discounted costs for providing more than one service to our clients. See our full range of costs and our package deals here.
Why do I need a Solicitor to make a Will?
Solicitors are legally trained and qualified, regulated and supervised by the Solicitors Regulation Authority, fully insured and bound by a code of ethics. Only a Solicitor can provide the legal protection and quality of work that gives you the peace of mind to know that your wishes and instructions will be carried out. Find out more about what we can provide to you here.
I’m an Executor in a Will – what do I have to do?
Executors play a vital role in ensuring the wishes of your loved ones are carried out in accordance with their Will. Read more about the role of the Executor and how we can help you here.
Wills
What is a Will and why do I need one?
A Will is a formal legal document that allows you to set out how you would like all of your legal, financial and personal issues to be dealt with after your death. It is a document that plans for the future, provides for your family and protects your interests. A Will is the only way to ensure that your wishes are carried out after your death. It is vital that everybody has a valid Will. Find out more here
What happens if you die without a Will?
If you die without making a Will, you will die Intestate. This means that a set of rules, called the Intestacy Rules, will decide how your property, possessions or money should be distributed between members of your family. Your wishes will not play any part in how your estate is distributed between your family and loved ones. These rules can have unwanted consequences for what happens to your estate after you die and, if you have children under the age of 18, you will also have no say in what happens to them and who looks after them. Find out more here
How much does a Will cost?
We offer fixed fees for providing a Will, but the fee will depend on the type of Will you need. Full details of our fixed fees in respect of Wills are here.
How long will it take for me to receive my Will?
We expect the timescale for preparation of your Will to be in the region of two to four weeks from the time of the first appointment, but if the matter is more complex, it may take more time. We will advise you of the likely timescale when we have confirmed your instructions. Find out more making your Will and how Leech & Co can help you here
What’s involved in making a Will?
With the assistance of a Solicitor, making a Will should be a relatively straightforward and quick process. One of our team will meet with you (or discuss with you on the phone) so you can explain and describe your wishes as to what you want to happen with your property and finances (and if appropriate, your children) after your death. We will then advise you as to the best way to make sure this happens. Find out more about the process of making a Will here and the costs and timescale for making a Will here.
A loved one has lost mental capacity and doesn’t have a Will – what can I do?
If a person is not fully aware they are making a Will, it is not likely to be valid and therefore cannot be used to carry out their wishes following their death. Alternatively, there may be no Will in place at all. In these situations, an application can be made to the Court of Protection to request that a Statutory Will is made on that person’s behalf. Find out more about Statutory Wills and how Leech & Co can help you here.
What can I put in my Will?
A Will is a statement of what you want to happen to your property and finances (and children if they are under 18) when you die. Therefore, your Will should contain all matters that ensure your wishes are carried out. You can also include your wishes as to what you want to happen with your pets, specific personal items, your funeral etc. At Leech & Co, we will discuss your wishes with you and advise you as to the best way to make sure your wishes are carried. Find out more about what you can put in your Will and how Leech & Co can help you here.
What does an Executor do?
Essentially, an Executor makes sure that the wishes of the deceased person as stated in the Will are carried out. The Executor is responsible for making sure that the deceased debts, if any, are paid, that any remaining money or property is distributed to the Beneficiaries and that any specific wishes are carried out. Find out more about the role of the executor and how Leech & Co can help here [need link to Administration of Estates section]
Do I keep my Will or do you store it?
When your Will is complete, we will provide you with a paper and an electronic copy of your Will. However, we will store a paper copy of your Will is our secure storage facility and also hold an electronic copy of your Will on our secure server. You can request a copy of your Will at any time. Find out more about what happens when you make a Will and how Leech & Co can help you here.
Will my Will be registered be somewhere so it can be traced?
We will register your Will with the Certainty National Will Register. To register your Will costs £30.00, but this is included within our fixed fee. Find out more about what happens when you make a Will and how Leech & Co can help you here.
Who can be an Executor?
Anyone can be an Executor of a will as long as they are over 18. A Beneficiary of the Will can also be an Executor and many people choose their husband or wife or civil partner or their children to be an Executor. Find out more about being an Executor here.
Do I keep my Will or do you store it?
When your Will is complete, we will provide you with a paper and an electronic copy of your Will. However, we will store a paper copy of your Will is our secure storage facility and also hold an electronic copy of your Will on our secure server. You can request a copy of your Will at any time. Find out more about what happens when you make a Will and how Leech & Co can help you here.
Will my Will be registered be somewhere so it can be traced?
We will register your Will with the Certainty National Will Register. To register your Will costs £30.00, but this is included within our fixed fee. Find out more about what happens when you make a Will and how Leech & Co can help you here.
Power of Attorney
How much does making a Power of Attorney cost?
We offer fixed fees for providing a Power of Attorney, but the fee will depend on the type of Power of Attorney you need. Full details of our fixed fees in respect of Powers of Attorney are here
How long will it take for me to receive my Power of Attorney?
We expect the timescale for preparation of your Power of Attorney(s) to be in the region of two to four weeks from the time of the first appointment, but if the matter is more complex, it may take more time. We will advise you of the likely timescale when we have confirmed your instructions.
The timescale for registration of the Power of Attorney will depend on how quickly your Attorneys assign and return the Power of Attorney and how quickly the Office of the Public Guardian process your matter.
My loved one has lost mental capacity and there is no Power of Attorney – what can I do?
Don’t worry, we can help. If there is no Power of Attorney in place, we can apply to the Court of Protection to appoint a Deputy (or Deputies) to deal with your loved one’s affairs. This is a more complicated process than having a Power of Attorney, but the end result is essentially the same. We can help you every step of the way. Find out more here
What does a Power of Attorney do?
Powers of Attorney are legal documents that allow people to nominate someone they know, for example a member of their family, a close friend or loved one or a business associate, to act on their behalf should they become unable to deal with their own affairs, for example as a result of illness, a degenerative condition or injuries caused by an accident. A Power of Attorney is like an insurance policy. You hope you will never have to use it, but if you have one it will save your loved ones an awful lot of stress and it will make looking after you much, much easier. Find out about making a Power of Attorney and how Leech & Co can help you here.
Who can be an Attorney and what do they do?
In the event that you become unable to make decisions for yourself, the person or people you appoint to make decisions on your behalf become your “Attorney” and they can deal with healthcare providers, financials bodies (including banks) or any other relevant person or company that deals with your affairs. Any person can be appointed as your Attorney (as long as they are over 18), including your spouse, adult children, siblings, friends, a business colleague or your solicitor. Find out more about making a Power of Attorney and how Leech & Co can help you here.
Grant of Probate and Administration of Estates
How much does it cost to apply to the Court of Protection?
There are many different types of applications to the Court of Protection and the work involved in being a Deputy will be different depending on each person circumstances. Therefore, we cannot charge a Fixed Fee for applying to the Court of Protection. We charge on the basis of our hourly rates. Find out more about an application to the Court of Protection here and about our costs for the application here.
How long will it take to apply to the Court of Protection to appoint a Deputy?
The usual time for an application to the Court of Protection for a person to be appointed as Deputy will generally be in the region of 8 weeks. We cannot estimate the time it will take the court to process the application as this will depend on the resources of the individual court. Find out more about applications to the Court of Protection and how Leech & Co can help you here.
I don’t agree with the person appointed to be Deputy – what can I do?
It is possible to apply to the Court of Protection to contest the appointment of a Deputy and/or the Deputy’s decisions and actions. The Court of Protection has the power to remove a Deputy from the role, appoint a new Deputy and/or to reverse or amend a Deputy’s decision. To do this, the court must be satisfied that the Deputy is not acting in the person’s best interests and to make any changes would be in the person’s best interests. Find out more about applications to the Court of Protection and how Leech & Co can help you here.
I don’t agree with the decision of the Deputy – what can I do?
It is possible to apply to the Court of Protection to contest the appointment of a Deputy and/or the Deputy’s decisions and actions. The Court of Protection has the power to remove a Deputy from the role, appoint a new Deputy and/or to reverse or amend a Deputy’s decision. To do this, the court must be satisfied that the Deputy is not acting in the person’s best interests and to make any changes would be in the person’s best interests. Find out more about applications to the Court of Protection and how Leech & Co can help you here
Leech & Co can help you with all matters relating to Wills, Powers of Attorney, Grant of Probate, Administration of Estates and the Court of Protection. Our friendly, experienced team are here to help you – we will come to you, we will listen to you and get to know you and we will advise and assist you every step of the way. Call us now on 0161 749 9000 or click here to request a call back and we can start to help you straight away.