Your Questions,
Answered

If you have anyone you'd like to provide for, any assets you'd like to control the distribution of, or children who'd need a guardian, then yes. Without a Will, your estate is distributed according to fixed intestacy rules, which may not reflect your actual wishes.

Costs vary by provider and complexity. At Swift Legacy, a Standard Will starts from £195 for an individual, with fixed, transparent pricing for every tier so you know the full cost upfront.

Yes, there's no legal requirement to use a professional. However, a Will must meet strict legal requirements to be valid, and DIY Wills carry a higher risk of errors that can invalidate the document or cause disputes. Professional drafting and independent vetting significantly reduce this risk.

Under the Wills Act 1837, which applies in England and Wales, a Will must be in writing, made by someone aged 18 or over with mental capacity, signed by the testator (or someone else in their presence and at their direction), and signed in the presence of two independent witnesses who then also sign it.

No. If a beneficiary, or the spouse or civil partner of a beneficiary, witnesses a Will, the gift to them becomes void, even though the rest of the Will remains valid.

A Single Will covers one person. A Mirror Will is two individual Wills, usually for a couple, that reflect each other's wishes, such as each leaving their estate to the other and then to their children. There is no such thing as one joint Will in England and Wales.

No, a solicitor is not a legal requirement. Many people use a regulated Will writing professional instead, which can often be more cost-effective while still ensuring your Will is properly drafted and legally checked.

Someone you trust who is willing to take on the responsibility, typically a family member, beneficiary, or close friend. It's wise to appoint a substitute executor in case your first choice is unable to act when the time comes.

In England and Wales, your estate is distributed under the rules of intestacy (this is often called dying intestate). A spouse or civil partner and children inherit according to a fixed formula, unmarried partners inherit nothing automatically, and if no qualifying relative can be found, your estate passes to the Crown. Scotland has different intestacy rules.

Not necessarily. Under England and Wales intestacy rules, if you have children, your spouse receives personal belongings, a fixed statutory legacy, and only half of anything remaining, with the other half shared between your children. Only if there are no children does a spouse inherit the whole estate under intestacy.

No. There is no such thing as a common law spouse in England and Wales. An unmarried partner has no automatic right to inherit anything, regardless of how long the relationship lasted, unless they are named in a valid Will. See our Cohabitation Agreements for how to put real protection in place.

No. Clear photos or a scan of every page, including where it was signed and witnessed, is all we need for a Will Check & Review. Your original stays safely with you at home throughout.

No. We can review a Will written by a solicitor, another Will writing service, or done yourself, as long as it's a signed, physical document.

Most reviews are completed within 5–7 working days of payment and us receiving your existing Will and a short questionnaire about your current circumstances.

We'll explain exactly what's changed or missing, and recommend whether a small amendment or a full new Will is the right fix, with no obligation to go ahead.

If it was validly signed and witnessed and nothing has happened to revoke it, such as marriage, it generally remains legally valid even if it's outdated. The risk is that it may no longer reflect your actual wishes or circumstances.

We check your Will was signed and witnessed correctly, whether any life events since, such as marriage, divorce, house moves or new children, affect it, and whether your named executors, guardians and beneficiaries are still correct and reflect your current wishes.

A Trust allows you to specify not just who inherits, but on what terms and when, rather than assets passing outright. Common uses include protecting a family home for children, setting an age for children to inherit, or providing for a vulnerable beneficiary. Explore our Discretionary Trust Will for more detail.

A Discretionary Trust Will gives your chosen trustees flexibility over how and when assets are distributed among a group of beneficiaries, rather than fixing exact shares in advance. It's commonly used for blended families and to protect vulnerable beneficiaries.

In England and Wales, as Joint Tenants, co-owners own the whole property together, and a deceased owner's share automatically passes to the survivor regardless of their Will. As Tenants in Common, each owner has a distinct share that forms part of their own estate and can be left to whoever they choose. Scottish property law works differently.

Only if the property is held as Tenants in Common. If held as Joint Tenants, your share automatically passes to the surviving co-owner regardless of what your Will says, and cannot be left to anyone else.

Local authorities assess your assets, including the value of your home, when calculating contributions to care costs. Careful planning, such as our Discretionary Trust Will, may help protect part of your estate, though this is a complex area worth discussing directly with an adviser.

No, common law marriage does not exist in England and Wales. However long you've lived together, an unmarried partner (sometimes called a common law wife or common law husband) has no automatic legal rights to property, finances, or inheritance. A Cohabitation Agreement and Declaration of Trust are the main ways to put real protection in place.

Yes, they cover different things. A Will only takes effect after you die, deciding what happens to your estate. A Cohabitation Agreement protects you both while you're alive, covering property, finances, and what happens if you separate. Most unmarried couples benefit from having both.

A Cohabitation Agreement covers your relationship as a whole, property, finances, bills, and what happens if you separate. A Declaration of Trust is more specific, formally recording exactly what share of a property each of you owns, particularly important if you've contributed unequal amounts.

Not necessarily. Many couples need elements of both, so rather than choosing upfront, we assess your situation and prepare a bespoke document, or combination of documents, tailored to what you actually need.

Yes, significantly. Without a Declaration of Trust recording your actual shares, a property is often assumed to be owned equally, regardless of what you each put in. This can mean losing out on your real financial contribution if you separate.

Without a Cohabitation Agreement or Declaration of Trust, disputes over property and finances after a separation can be lengthy, costly, and uncertain, often decided by a court rather than by what you and your partner actually intended.

Yes, it can record financial support and living arrangements for children if applicable, alongside the property and financial matters.

Yes, provided it is properly drafted, both parties enter into it freely with full financial disclosure, and it is signed as a deed. This is exactly why professional drafting matters.

£375 per couple, all-inclusive, covering a bespoke document tailored to your circumstances, professionally drafted and legally checked.

In England and Wales, a Lasting Power of Attorney (LPA) is a legal document that lets you appoint someone to make decisions on your behalf if you're ever unable to make them yourself. There are two types: Property & Financial Affairs, and Health & Welfare. Scotland and Northern Ireland have their own separate Power of Attorney systems.

Yes, they serve different purposes. A Will only takes effect after death. An LPA protects you while you're alive, if you're ever unable to manage your finances or make decisions about your care.

Yes. Mental capacity can be lost at any age and without any warning. A road traffic accident, stroke, brain injury, serious illness or sudden medical emergency can remove your ability to make decisions in an instant. An LPA is not just for elderly people, and it can only be made while you have mental capacity. Once it is lost, it is legally too late.

Your family would need to apply to the Court of Protection to be appointed as a deputy. This typically costs thousands of pounds in legal fees, takes many months, and isn't guaranteed to appoint the person you would have chosen. An LPA can usually be signed within a couple of weeks of a consultation, and although OPG registration then takes a further 8 to 20 weeks, this is still far quicker and less costly than the Court of Protection route. Crucially, an LPA can only be made while you still have mental capacity.

No. Even a spouse or civil partner has no legal authority over their partner's sole bank accounts without a Property & Financial Affairs LPA. Sole accounts can be frozen immediately, leaving your family unable to pay bills, mortgage payments, or day-to-day expenses, and joint accounts may also be restricted.

Someone you trust completely, who is willing to take on the responsibility and act in your best interests. This is often a spouse, partner, adult child or close family member, though it can be anyone aged 18 or over.

If you named a replacement attorney when your LPA was made, they step in automatically. If you did not name a replacement and your only attorney can no longer act, your LPA may no longer be usable, which is why naming a replacement attorney as standard is recommended. Our LPA Check & Review service can confirm where you stand.

A certificate provider is an independent person who certifies that you understand the LPA and are making it freely, without undue pressure. This is a legal requirement, without it your LPA is invalid. They must be completely independent, so cannot be a family member, your attorney, or anyone involved in your care. They must be either a professional such as a GP, solicitor or social worker, or a person who has known you well for at least two years.

No. Your attorneys have no legal authority to act on your behalf until your LPA has been registered with the Office of the Public Guardian, even once it has been signed, witnessed and stored. Registering as soon as possible after signing avoids a dangerous gap where your attorneys cannot act if you lose capacity unexpectedly. If you're not sure whether an existing LPA has actually been registered, our LPA Check & Review service can confirm this for you.

OPG registration typically takes 8 to 20 weeks. This is the same for everyone regardless of which provider drafts the LPA, since it depends on the Office of the Public Guardian's own processing time.

Yes. As long as you still have mental capacity, you can cancel or amend your LPA at any time. If you lose capacity, only the Court of Protection can make changes on your behalf, which is another reason to review your LPA periodically while you are able to. Our LPA Check & Review service can help you decide what's needed.

At Swift Legacy, a single LPA starts from £325, with both LPAs for one person available together at a reduced combined rate. There is also a separate government registration fee payable to the Office of the Public Guardian.

Yes. Our LPA Check & Review service covers documents drafted elsewhere, whether by a solicitor, an online provider, or done yourself. We check the document was drafted correctly, the certificate provider requirement was properly met, that it's still legally valid, and confirm whether it's actually been registered with the Office of the Public Guardian. That last point matters, an unregistered LPA has no legal effect, even if it was correctly signed and witnessed.

No. Clear photos or a scan of every page, including where it was signed and witnessed, is all we need for an LPA Check & Review. Your original stays safely with you at home throughout.

Most reviews are completed within 5–7 working days of payment and us receiving your existing LPA and a short questionnaire about your current circumstances.

We'll explain exactly what's changed or missing, and recommend whether a small amendment or a full new LPA is the right fix, with no obligation to go ahead.

If it was validly signed, witnessed and registered, and nothing has happened to end an attorney's appointment, such as divorce, it generally remains legally valid even if it's outdated. The risk is that it may no longer reflect who you'd want acting for you, or it may never have been registered at all.

We recommend a review every three years, or sooner after divorce, a change in your attorneys' circumstances, or a significant change in your health or circumstances.

Inheritance Tax is set by HMRC and applies UK-wide, including Scotland and Northern Ireland. The standard nil rate band is currently £325,000 per person. Estates above this threshold are generally taxed at 40% on the excess, though reliefs, exemptions, and the Residence Nil Rate Band can significantly increase what can be passed on tax-free.

Yes. Any unused nil rate band can typically be transferred to a surviving spouse or civil partner, meaning a couple can often shelter a combined £650,000 or more before the standard rate applies, before the Residence Nil Rate Band is even considered.

Certain Trusts can help protect assets and manage how Inheritance Tax applies to your estate, though this depends heavily on individual circumstances. Our Estate Plan Report gives you a full written breakdown of your position, or this is something worth discussing directly during a consultation.

Yes, but a Will should never be physically altered once signed, as this can make it look tampered with. Changes should be made formally, either through a professionally drafted codicil for a very minor change, or more commonly, a new Will that revokes the old one. Our Will Check & Review service can confirm what's needed.

Yes, in most cases. Marriage automatically revokes an earlier Will in England and Wales, unless the Will was made explicitly in contemplation of that specific marriage. A new Will is generally required after marriage, our Will Check & Review can confirm where you stand.

Divorce does not revoke your Will, but it does treat your ex-spouse as if they had died before you for the purposes of any gift or executor role given to them in the Will. It's still important to review and update your Will after a divorce, see our Will Check & Review service.

We recommend a review every three years, or sooner after marriage, divorce, the birth of a child or grandchild, buying or selling property, or a significant change in the value of your estate. Our Will Check & Review covers exactly this, and Legacy Protection Membership includes an annual review as standard.

Your Will should be kept securely, ideally with a professional storage service, and your executors should know where to find it. A Will that's lost, damaged, or shows signs of tampering can be refused by the Probate Registry. See how our Document Storage service protects against this.

If the original signed Will genuinely cannot be located, your estate may be treated as though you died without a Will at all, meaning intestacy rules would apply instead of your actual wishes. Our Document Storage service is designed specifically to prevent this.

In England and Wales, probate is the legal process of administering a deceased person's estate. Not every estate requires a formal Grant of Probate, particularly smaller estates or those held entirely in joint names. Visit our Probate page for a full breakdown, or get in touch for a free assessment.

Timescales vary depending on the size and complexity of the estate, but straightforward cases typically take several months from application to final distribution. See our Probate page for more on how the process works.

Often yes, particularly where the estate includes property or significant assets held in the deceased's sole name. Having a Will makes the process clearer, but doesn't always remove the need for probate.

Yes, there's no legal requirement to use a professional. However, probate involves detailed paperwork, HMRC returns, and legal responsibility as executor, so many people prefer expert support, particularly while grieving.

We coordinate the process on your behalf and connect you with our probate specialist, who carries out the reserved legal activities involved in full estate administration, ensuring everything is handled to the appropriate professional and regulatory standard.