Your questions, answered in plain English
Answers to the questions we’re asked most often about Wills, Trusts, Lasting Powers of Attorney and probate. Still have questions? Call 07870 505076 or send us a message.
General Questions
What is estate planning?
Estate planning means putting legal arrangements in place to protect your home, your assets and your family, both during your lifetime if you lose capacity and after you pass away. It helps make sure your wishes are carried out and can spare your loved ones unnecessary stress, delays and costs.
Why is it important to plan early?
Life changes: marriage, divorce, children, buying property, illness. Planning early means suitable arrangements are already in place, and can be reviewed as your circumstances change.
Do I need a service like Coal & Kin?
DIY Wills, or relying on the rules of intestacy, can lead to disputes, delays, tax issues or assets passing to the wrong people. We provide professional guidance so your documents are valid and structured to protect your family home and savings.
What areas do you cover?
We work with clients across England and Wales. We offer face-to-face consultations, including in the comfort of your own home, as well as online appointments.
Wills
Do I need a Will?
A Will is the only way to make sure your wishes are carried out. Without one, the rules of intestacy decide who inherits, and that may not be what you would want. Unmarried partners, stepchildren and friends can be left out entirely, and the lack of clear instructions can lead to disputes and delays.
Are Mirror Wills enough for homeowners?
Mirror Wills usually leave everything to the surviving partner. That can leave the whole estate exposed to third-party claims, the risks of remarriage, or a later change of Will. Many homeowners benefit from Wills that include a protective trust instead.
When should I update my Will?
Review your Will every 3–5 years, or after any major life change, such as marriage, divorce, a new relationship, buying or selling property, or the birth of a child or grandchild.
An out-of-date Will is more likely to be challenged, could leave children without appointed guardians, and could even allow a child’s ex-partner to benefit after a divorce. Keeping your Will up to date means it always reflects your current wishes.
Can I write my own Will?
You can, but mistakes in wording, signing or witnessing can make a Will invalid or open to challenge. Having your Will professionally prepared means it is legally sound and reflects your true wishes.
Do I need a solicitor to make a Will?
No. A Will does not have to be prepared by a solicitor. Professional guidance helps you avoid errors and make sure your Will covers everything important, from guardians for your children to inheritance tax planning. At Coal & Kin, we make the process clear, simple and tailored to you.
When is the right time to make a Will?
The best time is now. Whether you’ve just bought a home, started a family or are planning for retirement, having a Will in place gives you peace of mind that your loved ones are provided for, whatever happens.
Trusts
What is a Property Protection Trust?
A trust written into your Will that ring-fences your share of the family home, usually 50%, for your chosen beneficiaries, typically your children. It helps protect against “sideways disinheritance”, for example if a surviving partner remarries, as well as certain third-party claims.
Do I lose control of my home if I put it into a Trust?
With a Property Protection Trust in your Will, nothing changes during your lifetime. You can still live in your home, move or downsize. With a lifetime trust, you can usually act as a trustee and continue living in your home. We’ll explain exactly how control works for your circumstances.
Can a Trust reduce inheritance tax?
Trusts can form part of wider inheritance tax planning, depending on the value of your estate and your circumstances. We’ll explain how allowances such as the nil-rate band and residence nil-rate band apply to you.
Is a Trust the same as a simple Will?
No.
- A simple Will only takes effect on death and passes assets outright, with no added protection.
- A Property Protection Trust Will ring-fences your share of the home, usually 50%, after the first death.
- A Family Asset Protection Trust (a lifetime trust) can hold your whole home and other assets in trust during your lifetime.
Lasting Power of Attorney
Why do I need LPAs if I already have a Will?
A Will covers what happens after you die. LPAs protect you while you are alive, if you become unable to make decisions because of an accident, illness or loss of mental capacity.
Who can I choose as my attorneys?
Anyone aged 18 or over who has mental capacity. Most people choose close family members or trusted friends.
Can I have more than one attorney?
Yes. You can appoint several attorneys and choose whether they must act together or can act independently.
When can my LPA be used?
An LPA must be registered with the Office of the Public Guardian before it can be used. A Property & Financial Affairs LPA can then be used straight away with your permission, while a Health & Welfare LPA can only be used if you lack capacity to make the decision yourself.
What happens if I don’t have an LPA?
If you lose capacity without an LPA, your family may have to apply to the Court of Protection. This is often costly and time-consuming, and the decisions made may not reflect your wishes.
When is the best time to set up an LPA?
Before you need it. Planning early means you decide who looks after your affairs, not the courts or the local authority.
Can I change my LPA later?
Yes. As long as you have mental capacity, you can update or cancel your LPA at any time.
Probate & Estate Administration
Do all estates need probate?
Not always. Smaller estates may not need probate, but most estates that include property or substantial assets will. We can help you work out whether probate is needed and guide you through the next steps.
How long does probate take?
Every estate is different, but the whole process often takes around 9–12 months, depending on its complexity. Experienced support can help avoid unnecessary delays.
Can I handle probate myself?
You can, but probate can be time-consuming and legally complex, especially where property, tax or several beneficiaries are involved. Executors have a legal duty to manage the estate carefully and correctly, and expert guidance can reduce the stress at an already difficult time.
What happens if there isn’t a Will?
If someone dies without a Will (known as intestacy), their estate is divided according to strict legal rules, which may not reflect their wishes. We can support you through the process, helping to minimise confusion, delays and family disputes.
Pricing, Process & Consultations
How much does it cost?
We offer clear, fixed-fee pricing based on your needs, with no hidden costs. You’ll always know the cost before any work starts. See our Price Guide.
Do you offer home visits?
Yes. We offer face-to-face consultations in the comfort of your own home, at a time that suits you, as well as online appointments.
How long does the process take?
Wills and LPAs can usually be finalised within a few weeks. Trusts involve more detailed planning and may take a little longer, depending on your circumstances.
Guidance10-Point Estate Planning Checklist for Homeowners
10-Point Estate Planning Checklist for Homeowners
- 1
Make a valid Will
A professionally prepared Will is the foundation of every estate plan. It makes sure your home and assets pass to the people you choose, rather than being decided by the rules of intestacy.
- 2
Review how you own your home
Check whether you own your property as joint tenants or tenants in common. This affects who inherits your share of the home and whether you can protect it through a trust.
- 3
Consider a Property Protection Trust (PPT) or Family Asset Protection Trust (FAPT)
Trusts can help safeguard your home against risks such as remarriage, divorce, financial hardship and third-party claims. A Property Protection Trust Will ring-fences your share of the home, usually 50%, after the first death. A Family Asset Protection Trust, also known as a lifetime trust, can hold the whole of your home in trust.
- 4
Put Lasting Powers of Attorney in place
LPAs for Property & Financial Affairs and Health & Welfare make sure people you trust can make decisions if you lose capacity. Without them, your loved ones may face costly court applications.
- 5
Review your beneficiaries
Check who you’ve named in your Will, pensions and life insurance, and make sure they still reflect your wishes and family circumstances.
- 6
Plan for inheritance tax (IHT)
Understand your nil-rate band and residence nil-rate band allowances. Careful planning can reduce the tax payable and preserve more of your estate for your loved ones.
- 7
Protect vulnerable or dependent beneficiaries
If a beneficiary receives means-tested benefits or needs long-term support, consider a Vulnerable Person’s Trust to help protect their inheritance without affecting their entitlement.
- 8
Review your estate plan regularly
Revisit your Will and Trusts every 3–5 years, or after major life changes such as marriage, divorce or new grandchildren. Keeping documents up to date prevents accidental disinheritance.
- 9
Prepare a letter of wishes
This non-binding document guides your executors and trustees on how you’d like your estate managed. It is particularly useful for family homes and blended families.
- 10
Seek professional advice
Estate planning is not one-size-fits-all. Professional guidance makes sure your plan is legally sound, tax-efficient and tailored to your family’s needs and future.
