FAQs

On average, 8–12 weeks from instruction to completion, though this depends on the chain and property type.

Yes. Your matter will be handled by a named solicitor who will remain your point of contact throughout the transaction.

On average, 8–12 weeks from instruction to completion, though this depends on the chain and property type.

Yes. Your matter will be handled by a named solicitor who will remain your point of contact throughout the transaction.

 You don’t have to use a solicitor, but many people find it helpful.  We guide executors through the process and help manage estates efficiently and lawfully. We ensure you claim all inheritance tax reliefs and exemptions.

Yes, appointments in person are required.  We always require photo ID and proof of address. We can attend at your office by arrangement.

 Yes.  We use a consular agent to obtain an express apostille on your document, which will be returned to your UK address securely by courier.  Secure delivery to an overseas address can be arranged at an additional cost.

It could be useful if you travel abroad regularly or if you suffered an injury, an accident, illness, frailty or simply advanced age.

Without an LPA, a full Court of Protection application would be required.  It is a costly, slow and intrusive process.  Also the person who applies may not necessarily be the person you would have chosen.  So drafting your LPA while you have the ability to do so, means you retain control.

Until you regain your faculties, you revoke it, or your demise.  The LPA must be registered in order for it to be valid and operative.

Once completed the LPA needs to be registered at the Court of Protection.  They will then write to your designated closest relatives.  After six weeks if there is no objection, the LPA will be registered.

Any responsible adult of good character can be an Attorney.  A spouse or partner is usually the first choice, because it will ensure smooth running of your joint finances.  It does not need to be a professional.

It would be preferable not to choose anyone as a Welfare Attorney who can benefit from your will.  Although, clearly your spouse, partner or a close relative may be your preferred choice anyway, as they understand your wishes.

Up to four but two is a practical number.  As it is a good idea to choose at least one alternative to your main Attorney wherever practical.

A trust can be created with anything of value from a savings account, life policy, pension lump sum, loan, debt, cash, property, investments or specific belongings like jewellery or premium bonds.

It can be set up in a will or during the donor’s lifetime (usually for tax mitigation).  If it is a will trust then the trust will only exist after the donor (gift provider) has died.  A trust will exist only after an asset has been transferred into it.

A trust is often set up where, for example, the beneficiary (individual who should receive the gift) is a vulnerable because they are underage or incapable of managing their own affairs.  However, sometimes people setting up trusts just want other individuals to control the trust assets; to ensure it is used exclusively for specific individuals or for particular purpose like education.  By putting valuable gifts in a trust means the assets are kept separately from any other items.

A trustee is an appointed adult of good character who acts as a custodian for assets held in the trust.  Where there are beneficiaries who are underage there should be two trustees at all times.

The trust will specify at what age the beneficiaries can control the trust themselves.  If the trust doesn’t specify it is presumed to be when they reach 18.

Whilst the beneficiary is unable to manage their own affairs or is under age, the trustees will be the legal owners.  As such they will be personally responsible for ensuring the trust is run properly in the beneficiaries’ best interest.  Once a beneficiary reaches 18 (even if they cannot personally control the trust assets); they can bring a legal action against the trustees, if they have not managed the trust according to the trust guidelines.

The trustees are personally liable to the beneficiaries, even if they have delegated any of their duties to someone else, even another professional.

However, it is only if it can be proved they were negligent when performing their duties, that they can be made to financially compensate the beneficiaries for any subsequent loss.

Any adult of good character who is prepared to act on behalf of the beneficiaries in accordance with the trust’s intentions and authorities.

The trust has to state specifically that the trustees can be paid for them to receive a financial benefit from the trust, other than their reasonable expenses, incurred solely and as a result of their trusteeship.

Any reasonable expenses whilst performing their duties will routinely be repaid by the trust.

Trustees are responsible for the day to day running of the trust.  Some trusts require little management, whereas others may need specialist advice and assistance from a solicitor, accountant or stockbroker.  Trustees are entitled to ask any qualified person to assist them.  The cost of such services will be paid by the trust.

Each trust will set out what the trustee can and cannot do.  So before acting in a trust, it is a good idea to familiarise yourself with what is in the trust, as well as, what are your duties and authorities.

Sometimes there are letters addressed to the trustees from the person setting up the trust explaining why and what they expect their trustees to do. It is called a letter of wishes or a memorandum of wishes.  Although they are not a legal part of the trust (as they are only guidance), most trustees will feel morally bound to consider and follow those directions.

1. Trustees have to agree on any action taken.
2. Keep good records of all actions effecting the trust.
3. Keep beneficiaries informed.
4. Fairly consider requests for funds from beneficiaries and checking the use is approved by the trust.
5. File all tax returns (if required).
6. Pay all expenses and costs of running the trust.
7. Ensure funds are only used for the benefit of the stated persons.
8. Protect the trust.
9. Take legal action or defend any legal action on behalf of the trust.  (The trust bears all costs and liabilities of any action.  The trustees are just the custodians of the assets.)
10. Instruct appropriate person, when required, to assist in running the trust.