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  • Welcome to RG Law

 

Wills, Probate & LPAs FAQs 

RG Law provides clear, practical support for Wills, Probate, and Lasting Powers of Attorney (LPAs)
 

We help you plan ahead and protect the people who matter most. Whether you’re making your first Will, updating an existing one, or dealing with a loved one’s estate, we explain each step in plain English and keep you informed throughout.

 

Our team can help you put the right safeguards in place, appoint trusted decision-makers, and ensure your wishes are recorded properly.

If you’re handling Probate, we guide executors and families through the paperwork, deadlines, and estate administration, and we can manage as much or as little as you need. For LPAs, we help you choose the right type, complete the documents accurately, and register them correctly, so they are ready when required.

 

With RG Law, you’ll get straightforward advice, careful attention to detail, and a supportive service from start to finish.

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Do I need a Will if my estate is small?

A Will gives clear instructions, even if your estate is modest. Without one, the intestacy rules decide who inherits, and that may not match your wishes.

 

A Will can also name guardians for children, choose executors you trust, and set out specific gifts. It usually reduces confusion, delays, and disputes, because everyone can see what you intended from the start.

Even a simple Will can be effective. It’s often cheaper and easier to do it early, then update later as your family and finances change.

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What happens if I die without a Will?

If you die without a Will, intestacy rules control who inherits. This can exclude partners who are not married or in a civil partnership, and it may not provide what you expected for children or stepchildren.

 

The process can take longer, because there is no named executor and extra steps are needed to appoint an administrator.

A Will gives you control and clarity. It can also reduce stress for your family at a difficult time, because decisions have already been made.

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How often should I update my Will?

Review your Will when life changes, or at least every few years. You should update after marriage, divorce, having children, buying property, or significant changes to assets.

 

Some changes can be handled with a codicil, but many situations are safer with a new Will, as it reduces the risk of mistakes.

Keeping it current avoids unintended outcomes. It also helps executors act quickly, because the instructions match your present circumstances and your current wishes.

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What is probate, and when is it needed?

Probate is the legal authority to deal with a person’s estate after death. It is often needed to sell property, close accounts, or release larger sums of money.

 

Some estates do not require probate, especially if assets are held jointly or the values are below certain provider thresholds.

Whether it’s needed depends on how assets are owned. A quick review of the estate usually confirms the route, the likely timeline, and the documents required.

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How long does probate usually take?

Probate timing depends on the estate’s complexity, the documents available, and whether inheritance tax forms are required.

 

Straightforward estates can move faster, while those with property sales, foreign assets, or missing paperwork can take longer. Delays also happen if valuations are difficult, or if beneficiaries dispute decisions.

A well-prepared application reduces avoidable pauses. Good record keeping helps too, as it speeds up valuations, account closures, and communication with banks and other institutions.

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What does an executor do?

An executor is responsible for administering the estate. They gather information, value assets, pay debts, settle taxes, apply for probate if needed, and then distribute the estate to beneficiaries.

 

They also keep records, communicate with beneficiaries, and make sure the estate is handled properly and fairly.

It’s a serious role, but it can be manageable with support. Choosing organised, reliable people helps, and professional guidance can reduce stress and risk.

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Can I avoid probate?

You can’t always avoid probate, but you can sometimes reduce when it is needed. Jointly owned property may pass automatically to the surviving owner, and some assets can be held in trust or placed under nominated beneficiary arrangements.

 

However, not all accounts or investments allow these options, and rules vary.

Planning should be done carefully. The goal is usually smoother administration, not just avoidance, because clarity and legality matter more than shortcuts.

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What is a Lasting Power of Attorney (LPA)?

An LPA lets you appoint people you trust to make decisions if you cannot. There are two types: Property and Financial Affairs, and Health and Welfare.

 

You choose your attorneys, set instructions, and decide when they can act. LPAs must be registered before they can be used.

LPAs are preventative planning. They reduce uncertainty, protect your interests, and can avoid the need for a court application if capacity is lost unexpectedly.

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When should I set up an LPA?

The best time is before you need it, while you have mental capacity. Many people arrange an LPA during retirement planning, after a diagnosis, or when caring responsibilities increase.

 

Waiting can be risky, because if capacity is lost, you may no longer be able to create one, and family may face delays.

Setting it up early provides reassurance. It also gives time to choose attorneys carefully, discuss preferences, and register documents without pressure.

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Can I change or cancel an LPA?

Yes, as long as you still have mental capacity. You can revoke an LPA, replace attorneys, or create a new LPA with updated choices.

 

If you revoke, you must follow the correct process and notify relevant people, including the Office of the Public Guardian when appropriate.

Changes should be recorded properly. If circumstances shift, like relationships or health, it’s sensible to review your LPAs just like a Will.

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© 2026 Renier Gillies Ltd – RG Law is a trading name of Renier Gillies Ltd registered in England & Wales No 6184931. A list of Directors is available from the registered office at 3rd Floor, Stamford House, Piccadilly, York, YO1 9PP. The term “partner” if used denotes a Director of Renier Gillies Ltd. We are authorised and regulated by the Council for Licensed Conveyancers. CLC Practice License Number 11683. The Council’s rules can be accessed at www.clc-uk.org Renier Gillies Ltd are VAT registered under VAT No 911 4625 49.

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