Frequently Asked Questions
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Wills & Trusts
Who needs a Will?
Everyone. You need a Will for all circumstances, whether you’re single, married, divorced, and have children or not. However, many couples are unaware that marriage revokes any Will you may already have, but divorce does not. Anyone over the age of 18 can and should make a Will.
Why do I need a Will?
If you die without a Will, there are certain rules dictating how your money, property or possessions should be allocated. This may not be the way that you would have wished your money and possessions to be distributed. As a result, if you die intestate (in other words without a Will) you run the risk of leaving behind a trail of stress, cost and even family feuds.
What needs to be included in a Will?
A Will should firstly appoint your Executors and/or Trustees. These are people who will sort out your estate and carry out your wishes. Your Will should include how much money and what property and possessions you have. Finally, it must also include who you want to benefit from your Will and who should look after any children under 18.
Who will my money go to if I don’t leave a Will?
The default people who your estate will go to, in order, are: Surviving spouse or registered civil partner (but not common law spouses, partners or cohabitants), Children, Parents, Brothers, Sisters, Grandparents, Uncles, Aunts. If no surviving relatives are found, assets will be passed on to the Crown.
It is therefore highly recommended to leave a Will to ensure your estate is handled as you wish.
Will my beneficiaries have to pay Inheritance Tax?
Can I change my Will?
Is a Will that I’ve written myself or bought online legally valid?
If you buy a pack and do it yourself, or do your Will online, you’re taking a huge risk. You may even be doing more harm than good. Without a Solicitor the potential for getting it wrong is huge. This can be very costly to undo after you have gone.
Who should I choose as an executor?
What makes a Will more complicated?
A Will can be more complicated for several reasons which can be:-
- If you share a property with someone who is not your husband, wife or civil partner.
- You wish to make provision for a dependant who is unable to care for themselves.
- There are several family members who may make a claim on the Will. For example, a second wife or children from a first marriage.
- Your permanent home is not in the United Kingdom.
- You are resident here but there is overseas property involved or there is a business involved.
Is it better to leave a Trust?
What are deeds of variation?
Powers of Attorney
How much will it cost?
We only work on fixed fees and do not charge extra for home visits.
Why do I need to appoint a Power of Attorney?
If you lose mental capacity and haven’t appointed a Power of Attorney, either someone will have to apply to be a deputy or the Court of Protection will appoint one to make decisions on your behalf. It may not be the person that you want. Also, the powers given to the deputy are much more limited, meaning that choices that would normally be relatively simple for an Attorney to make would require authorisation from the Court of Protection, which could take months each time.
What decisions will my Attorney be able to make?
There are two types of Power of Attorney – Ordinary/General Power of Attorney and Lasting Power of Attorney. Lasting Powers of Attorney can be for either Health and Welfare or Property and Affairs. The former makes decisions that include where you will live, your diet and dress. The latter will decide how to manage your estate. If you do not appoint either of these, family members and loved ones will not have an automatic right to make any decisions for you
What do I need to consider before appointing someone as Power of Attorney?
Whoever you appoint needs to be trustworthy, have a good understanding of your needs and have your best interests at heart. You might like to consider your assets and liabilities and think about what decisions your attorneys may have to make on your behalf. You will need the names, addresses and dates of birth of anyone you would like to appoint as Power of Attorney. We can act as your Professional Attorneys if you wish to take this pressure away from loved ones.
Can I appoint more than one Power of Attorney?
Yes you can. If you want to appoint more than one, you need to decide if they would need to act jointly, or if they can act independently. If they need to act jointly, this can become difficult if they don’t all agree or if one is absent. If they can act independently this can cause a problem if someone wants to make a bad decision. You can also appoint them to act jointly and severally which means they will have to make some decisions together and others on their own.
Can I place restrictions on a Power of Attorney?
Yes, there can be a number of restrictions you can apply, for example that a Power of Attorney can’t buy property on your behalf. You can also provide guidance, which doesn’t bind the decisions of the Power of Attorney but gives them an idea of what you want, for example to only invest in ethical investments.
What is a Certificate Provider?
A Certificate Provider will need to confirm that you understand the significance of appointing a Power of Attorney. They must have known you well for at least two years or be a relevant professional, for example a solicitor or a GP.
Who will be notified when the power is registered?
You can select up to 5 people who will be notified by the Office of the Public Guardian, you should choose people who know you well enough to raise any concerns they may have regarding the registration. If you do not want to name someone you will have to have two certificate providers.
What if something happens to the person I have appointed as Power of Attorney?
You can appoint a replacement Power of Attorney(s), who will take over if your Power of Attorney can no longer act for you.
What to do if a loved one hasn’t appointed a Power of Attorney?
We can assist in the application to appoint a deputy, and obtain appropriate orders from the court to deal with assets as well as making a will or gift for the person who lacks mental incapacity. We can also act as a professional deputy, if required.
Probate
How much will it cost?
We offer free initial consultations – however long – with no obligation, usually on a same day basis (as far as possible). From the initial meeting we then agree a timetable with you for getting things done and will work with you with the aim of keeping costs to a minimum. We also work generally on fixed fees so you know exactly how much it will cost from the beginning. We also advise on ways of saving tax or varying the will or intestacy (where there is no will) through Deeds of Variation.
What are Professional Executors and Trustees?
To ensure that Probate or Trusts are carried out correctly and in accordance with the often complex rules and regulations, you can appoint a professional firm alongside a Personal Executor or alone. As a Personal Executor it is also advised to get a solicitor to help you administer the estate. We ensure that probate is granted efficiently, assets are distributed quickly and trusts are handled effectively. We will relieve you of the stress involved and manage the complex work of administration on your behalf, as well as releasing you from your personal liability as an Executor. We specialise in Probate, so you benefit from our expert knowledge and experience.
How to deal with intestate estates?
Acorn Solicitors provide a specialist Probate and Trusts service for Executors and Trustees, for those who die intestate (where there is no will). This can make the process more complicated and stressful and it is advised to use a solicitor to help distribute the deceased’s estate.
What are deeds of variation?
It is possible to rearrange how the money will be distributed, provided everyone who would inherit under the intestacy rules agrees. The property can be shared out in a different way, either giving people a share of the estate who would not be entitled to some or dividing it up in a different way. It must be done within two years of the death and you will need legal advice.
VAT
VAT – Value Added Tax is payable at 20% on any legal work or bank transfers we undertake for you in probate cases. VAT also applies to some of the searches that we conduct or if we instruct third parties. In our quotes we set out when VAT is applicable.
Property
When do I need to get a solicitor?
As a buyer or seller it’s important to have a solicitor lined up before you start the process of buying or selling a property. If you haven’t done so, don’t worry – you can get in touch with us and we will put it in place. A good solicitor is a wise investment to ensure the move goes smoothly and efficiently.
What is involved in conveyancing?
Once an offer has been accepted, the solicitor draws up a contract that will eventually be signed by both parties; however, before the contract can be signed, the buyer’s solicitor must make sure that there are no problems with the property. This is called ‘making enquiries and searches’, which includes local searches, enquiries made to the seller and from the Land Registry. The solicitors will also manage the transfer of deposits and the final sum of money.
What do local searches involve?
Local searches are looking for any matters that affect the property which concern the local authority. This could include whether it’s in a conservation area, whether there are any planned changes to infrastructure around the house or whether there is a compulsory purchase order on the property.
What do enquiries to the seller include?
There is a standard set of questions about the property, boundaries, neighbour disputes and fixtures and fittings that will remain in the property. Depending on the property, there may be additional questions that the solicitor wishes to ask.
What do enquiries from the Land Registry involve?
This ensures that the sale isn’t fraudulent and both parties provide identity and register the purchase with the Land Registry. It will also confirm if the property is leasehold, freehold or common hold.
Surveys?
The buyer may get a survey carried out by a chartered surveyor, their mortgage providers may arrange a valuer or they may get both. This should point out any problems with the building that will need work on. As a general rule, the valuer can be liable if faults occur after you buy the property. This is because the valuer owes a duty of care to the person applying for the mortgage. If the surveyor did not see existing problems with your property when they did their survey, you may be able to claim that they didn’t carry out their work with reasonable care and skill. This would mean you might be owed compensation. We would recommend getting legal advice for anyone who has had problems with their surveyor or valuer.
Who should be insuring the building?
The responsibility of insuring the building lies with the legal owner. You must ensure you have insurance in place before contracts are exchanged.
Can I drop out or change any agreements?
Before the contract is exchanged no agreements are legally binding, which means less money can be offered from the buyer, the seller can remove the house from the market and the price can be renegotiated. If either party pulls out they do not have to pay for any of the costs that you as the other party may have incurred.
When are contracts exchanged?
The final contract between both parties is prepared when the solicitor and buyer are satisfied with the final outcome of all the enquiries, any surveyor’s report has been received with any necessary action taken, the formal mortgage offer has been received, arrangements about the payment of the 10% deposit have been made and the date of completion has been agreed. You and the seller each have a copy of the final contract, which you must sign. These signed contracts are then exchanged. At exchange of contracts both you and the seller are legally bound by the contract and the sale of the house has to go ahead. If either drops out, they are likely to be liable for costs.
Buying a property with someone else?
There are two ways to buy a property with someone else. The first is as a tenant in common, which means that you each own a specific share of the property’s value and you can give away, sell or mortgage your share separately. The second is as a beneficial joint tenant, this means that it belongs to you and the other owners jointly and you can’t re-mortgage or sell the property without the agreement of all the other owners. If you die, your interest in the property passes automatically to the other owners.
Buying a property at auction?
Auctions can be an exciting and speedy way to buy or sell a property. In legal terms it is the same as buying through private treaty (the conventional method); however, the process is very different. There will be a typical two-week block during which the buyer can visit. At this point they should also view the property’s legal (or ‘auction’ pack), which carries all the information they’ll need about the property upfront, apart from a valuation or survey. It’s always recommended that the buyer researches the property before the auction in the same way as they would when buying the ordinary way. Once the auction has been won, the buyer has 28 days (or 20 working days) to complete the purchase, so it’s vital for them to have the finance arranged first. If the sale does not complete they could be liable for substantial fees.
Buying a repossessed property?
The seller of a repossessed property is obliged to get the best price possible for the house, which means following a strict protocol. Firstly, the buyer must have the finances available, either from a mortgage offer or cash, before an offer will be considered. Once an offer has been accepted, the seller will put out a Public Notice, stating how much your offer is for the house. At this point, if they receive a higher offer from anyone they are obliged to accept it, so buyers are often gazumped or a bidding war is entered. Sales of repossessed property must be completed within 28 day of an offer being accepted.
Agricultural property?
There are special considerations when buying or selling agricultural property, depending on what type of agricultural property it is, for example whether it’s bare or used for farming. These include agricultural tax reliefs, subsidy, sporting rights, environmental matters and grazing agreements. We have solicitors who specialise in this area, so please give us a call if you have any questions.
Remortgages?
Remortgaging is the process of changing lenders to get a better deal on your mortgage. The process is very similar to taking out the first mortgage and the new provider will either need a copy of the original searches and house valuation or will need these completed again. Although there are some initial outlays when remortgaging, you can save lots of money in the long run and we are happy to help guide you through the process.
Transfers of equity?
Transfer of equity is where legal ownership of property changes hands but at least one of the original owners remains on the title. Depending on the situation of the mortgage, whether you are adding or removing people and the value of the property, there are different forms and processes that need to be followed. It is also worth considering a declaration of trust so that each party knows exactly what their interest in the property is.
Property Sale approximate fee guide
Usually the legal fees to act for you in your residential sale will fall within the range of £850 plus VAT for a simple transaction with a property valued at £200,000 and under, through to £1,110 plus VAT for a property valued in the range of over £300,001 to £500,000. If the property you are selling is valued over £500,001 an individual quote will be provided.
If the property you are selling is leasehold or unregistered then an additional fee of £350 plus VAT will be applied.
Additional fees that apply will include:
- Bank telegraphic transfer fee to include additional costs and bank charge – £35.00
- VAT thereon at 20% – £7.00
- ID/AML Check – £10.00 per seller
- VAT thereon at 20% – £2.00
Disbursements
- Land Registry Office copies – £6.00-£15.00 depending on the property type. This varies depending on how many documents are filed under the title register.
Property Purchase approximate fee guide
Property Purchase approximate fee guide
Usually the legal fees to act for you in your residential freehold purchase will fall within the range of £975 plus VAT for a simple transaction with a property valued at £200,000 and under through to £1,200 plus VAT for a property valued in the range of over £300,001 to £500,000. If the property you are purchasing is valued over £500,001 an individual quote will be provided.
If the property you are selling is leasehold or unregistered then an additional fee of £350 plus VAT will be applied.
Additional fees that apply will include:
- Bank telegraphic transfer fee to include additional costs and bank charge – £35.00
- VAT thereon at 20% – £7.00
- Electronic ID Check per person – £10 per purchaser
- VAT thereon at 20% – £2.00
- Lawyer Check – £16.50 – if required
- VAT thereon at 20% – £3.30
Disbursements:
- Bankruptcy Search – £2.00 per purchaser
- Searches on purchase – £250-£450 – we can advise which searches will be applicable to your purchase
- VAT thereon at 20% –£50-£90
- Land Registry Searches
- Stamp Duty Land Tax – please refer to the HMRC tax calculator Stamp Duty Land Tax Calculator
- Land Registry Fee – This is calculated using reference set by HM Land Registry HM Land Registry: Registration Services fees – GOV.UK (www.gov.uk)
- Lender Mortgage Service fee – from £15.00 – (only applicable to certain mortgages)
- VAT thereon at 20% –£3.00
VAT
New Build Properties and Shared Equity
New Build Properties and Shared Equity
We can deal with the purchase of these properties in our Street office. There are extra fees involved with these types of properties so we suggest you contact our Street Office property team for an individual fee quote.
Each transaction is different so we suggest you contact us for a fully costed fee quote.
Elderly Client Matters
Why should I make a Lasting Power of Attorney?
A Power of Attorney allows you to give authority to another person (the attorney) to handle your finances and/or make health and welfare decisions on your behalf. You must have mental capacity to give the power. It is important that you instruct a Solicitor to draw up this document for you. If you do not appoint a solicitor you face a higher risk of an ineffective document. You could even face additional fees or become a victim of fraud or coercion.
What is the Court of Protection?
The Court of Protection supervises and makes orders for the management of property and financial affairs of people who are mentally incapacitated. This will only be when they have not made an Enduring or Lasting Power of Attorney. The court can also make welfare and medical decisions, where necessary. We, as your solicitors, can assist in the application to appoint a deputy. We also help you to get appropriate orders from the court to deal with assets as well as making a will or gift for the person who lacks mental incapacity. We can also act as a Professional Deputy if required.
What is a Living Will?
A Living Will can be drawn up by a solicitor to make an advance directive of what medical treatment you want or do not want in the event you are later unable to communicate your wishes.
Can I make a gift to reduce my Estate?
Many people believe that by giving away their wealth, they can avoid paying for care. Any proposed gift needs careful consideration of the benefits, risks and implications on any future liability for care. It is dangerous to make a gift without getting the right advice as you may find that you are denied state funding at the time you most need it.
About Solicitors for the Elderly (SFE)
Solicitors for the Elderly was founded in 1996 and set out to be a specialist group to help, support and make a difference to older people. It has now grown into a national organisation of over 1500 lawyers all committed to its founding principles. It is a not for profit organisation to meet the needs of its members, so that they can provide good quality legal advice to older and vulnerable clients, their families and carers. SFE endeavours to help members of the public find accredited SFE members who best suit their needs.
SFE is committed to:
- Raising awareness of legal issues affecting older and vulnerable clients
- Delivering high quality training and best practice to its members, so that they can give high quality advice to their clients
- Being a Centre of Excellence for members to keep them informed of the latest developments and knowhow
- Building relationships with key statutory and voluntary bodies, agencies, charities, housing, health and social care providers, the financial services sector and other related organisations who are interested in the wellbeing of older and vulnerable people
- Raising the standards for people working in this area
- Providing input into legislation and policy changes, contributing to policy debates
- Being the first port of call for older and vulnerable people looking for legal advice.

