AHJ Wills & Estates
Frequently Asked Questions
Here are some of the questions that we get on a regular basis. We hope this helps with any of your questions.
If you do have any questions, please do get in touch
Questions about Wills
What is a Will?
A Will is a document in which you outline your assets (property, money, investments, possessions etc) and how you want these to be distributed upon your death.
You will also appoint a person or professional to conduct the administration of your estate. This role is known as an executor.
You can also appoint guardians for your children if they are minors upon your death.
If you die without a Will this is called dying intestate. This means that your estate will be passed in accordance with a set of statutory rules. As a result your nominated beneficiaries may not inherit your assets.
Do I Need A Will?
There is no legal requirement to have a Will in place, however it is advisable to put one in place. This is the only way to ensure that your loved ones will benefit from your hard work and assets you have built up in your lifetime.
Why Make a Will?
By making a will this can ensure:-
- Your hard earned assets are passed to whom you would like to inherit them. If you do not make a will then you could inadvertently leave assets to estranged relatives or the government.
- Your children are looked after by whom you would like to bring them up, by appointing legal guardians.
- Incorporate trusts to ensure that assets are accessible in a way you would like the beneficiary to receive them.
- Reduce Inheritance Tax (IHT) payable upon your estate.
- Your wishes are clearly written in a document. This could ensure there are no arguments over your estate.
- If you were to ask your partner what song you would want playing at your funeral do you think they would know? With a Will you can ensure your funeral plans are incorporated.
Do I need a Solicitor to write my Will?
In short No. By all means you can see a solicitor to write your Will however this may cost more than a Will writing professional.
What happens if I change my mind after I have made my Will?
This is no problem at all. It is very important to ensure your Will reflects your current wishes. If you need to make any amendments then please get in touch with the team at AHJ Wills & Estates.
How much does it cost to have a Will written?
This all depends upon the complexity of the Will. We can provide Wills from a little as £120.
Questions about Lasting Powers of Attorney
What is a Lasting Power of Attorney?
A Lasting Power of Attorney is a document in which you would provide an individual or individuals legal authority to manage your affairs should you lose mental capacity.
What Are the Types of Lasting Power of Attorney?
There are 2 types of Lasting Power of Attorney. There is one for health and welfare and one for finance and property.
Health and Welfare – This would allow your nominated agent to make day to day care decisions on your behalf should you have lost mental capacity to do so yourself.
Finance and Property – This would allow your nominated agent the legal authority to manage your financial affairs on your behalf, should you have lost mental capacity to do so yourself.
What happen if I do not have Lasting Power of Attorney in place?
If this is the case, then it is likely that the court of protection would be involved. The court of protection would conduct an assessment of your mental capacity and if the court deems fit, they would appoint a deputy. The deputy may not be someone you would have wanted to be making what could be huge decisions.
Do I need an LPA if I’m married?
Yes. Your spouse does not have automatic rights to manage your finances or make medical decisions on your behalf unless you’ve appointed them through an LPA.
When does an LPA come into effect?
The Property & Financial Affairs LPA can be used with your permission or if you lose capacity. The Health & Welfare LPA only applies if you lose capacity.
Can I appoint more than one attorney?
Yes. You can appoint multiple attorneys to act jointly, separately or a mixture of both depending on your preferences.
Questions about Trusts
What is a trust in a Will?
A trust in a Will allows you to control how and when beneficiaries receive certain assets. It can be useful for children, vulnerable beneficiaries or complex family situations.
What is a Protective Property Trust
This trust allows you to leave your share of the family home to a beneficiary, while giving someone else the right to live in the property for life.
How is a Life Interest Trusts Different?
A Life Interest Trust gives someone the right to use or benefit from an asset (like income or property) during their lifetime, with the capital passing to others when they die.
Can trusts help with inheritance tax?
In some cases, yes. Certain trusts can form part of wider inheritance tax planning. We can advise you on what’s suitable based on your circumstances.
Questions about Probate and Estate Administration
What is probate?
Probate is the legal process of proving a Will is valid and giving the named executor the authority to deal with the estate.
What if someone dies without a Will?
If there’s no Will, the estate is distributed according to the rules of intestacy. A close family member will need to apply for Letters of Administration.
How long does probate take?
This depends on the size and complexity of the estate. On average, probate can take between 6 and 12 months to complete.
Do I always need probate?
Not always. If the estate is small or owned jointly, probate may not be required. We can help you assess what’s needed.
General FAQs
Where are you based?
We are based in Kelham Island, Sheffield, and also work with clients in Rotherham and the surrounding areas.
Do you offer face-to-face meetings?
Yes. We believe estate planning is best handled in person. We offer face-to-face meetings in a relaxed and private setting.
Are you regulated or accredited?
Yes. We are proud members of The Society of Will Writers, which sets high standards for professional conduct and ongoing training.
How much do your services cost?
We offer clear, fixed-fee pricing tailored to your needs. Please contact us for a free consultation and quote based on your individual requirements.
What our clients say…
