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Search our legal hub for the answers to some of the legal questions that we get asked most frequently. If you can’t find your question, just email us at enquiry@beswicks.com

Department: Wills & Probate

Private Wealth

What are the risks of using an unregulated will-writer?

Using an unregulated will-writer can leave consumers exposed to the risk of exploitation by unscrupulous and unqualified practitioners.

Private Wealth

Do I need to swear an oath when making an application for probate?

Probate rules introduced on 27 November 2018 allow personal applications to be made without the need to swear an oath.

Private Wealth

I have a joint bank account, so if anything happens to me, will my spouse be able to access our money?

Even with a joint account, you could still face problems accessing cash. Your account could be frozen for all but essential transactions.

Private Wealth

Can my spouse make decisions for me if I lack capacity?

No, it is only possible for someone to act on your behalf if you have an LPA.

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How old do you have to be to make a will?

Anyone over 18 (or over 17 if you are a member of the armed forces) can and should make a will.

Private Wealth

Do I need a solicitor to make a will?

A will is a legal document and if it is drafted incorrectly, it could cost a lot of money to put right any errors.

Private Wealth

What happens if you die without a will?

England and Wales have complex rules which dictate how your money, property or possessions should be distributed if pass without a will.

Private Wealth

Does a spouse automatically inherit everything with a will?

If you pass away with a will, your estate will be distributed according to the wishes that have been set out in that will.