FAQ - Estate Planning Services and Guidance by JMAC Estate Planning

General Estate Planning Questions

Understanding the basics of estate planning and why it's essential for everyone

What is estate planning and why do I need it?

Estate planning is the process of arranging for the management and disposal of your assets during your lifetime and after your death. It involves creating legal documents that specify how your assets should be distributed, who should care for your minor children, and who should make decisions on your behalf if you become incapacitated.

Everyone needs estate planning, regardless of age or wealth. Without proper planning, your assets may not go to the people you intended, your family may face unnecessary taxes and legal fees, and decisions about your care may be left to strangers.

At City Legal, we make this process simple and affordable, ensuring your family's future is protected according to your wishes.

When should I start estate planning?

The best time to start estate planning is now. Many people think they need to wait until they're older or have more assets, but life is unpredictable. Key times to review your estate plan include:

When you turn 18 (legal adulthood)
When you get married or enter a civil partnership
When you have children
When you buy your first home
When you start a business
When you divorce or separate
When you retire

Our team at City Legal can help you create a plan that grows with your life circumstances, ensuring you're always properly protected.

What happens if I die without a will?

If you die without a will (called dying "intestate"), your assets will be distributed according to the intestacy rules set by law, not according to your wishes. This can lead to:

Your assets going to people you didn't intend
Higher legal costs and taxes for your family
Lengthy delays in distributing your estate
Unmarried partners receiving nothing
Children under 18 having their inheritance tied up in trust
Family disputes and stress during an already difficult time

Creating a will with City Legal ensures your wishes are legally documented and your family is protected from these complications.

Service-Specific Questions

Understanding our specific services and how they can benefit you

What's the difference between a will and a trust?

A will is a legal document that specifies how your assets should be distributed after you die. It only takes effect upon your death and must go through probate court.

A trust is a legal arrangement where you transfer assets to be managed by a trustee for the benefit of your beneficiaries. Trusts can take effect during your lifetime and may help avoid probate, provide privacy, and offer more control over how assets are distributed.

Key differences:

Timing: Wills take effect after death; trusts can be active during your lifetime
Probate: Wills go through probate; trusts typically avoid probate
Privacy: Wills become public record; trusts remain private
Control: Trusts offer more detailed control over asset distribution

Our team at City Legal will help you determine which option or combination works best for your specific situation.

Why do I need a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone you trust to make decisions on your behalf if you become unable to make them yourself due to illness, injury, or mental incapacity.

There are two types of LPA:

Property and Financial Affairs LPA: Covers decisions about money, property, and financial matters
Health and Welfare LPA: Covers decisions about medical treatment, care, and personal welfare

Without an LPA, if you lose mental capacity, your family would need to apply to the Court of Protection to make decisions for you. This is expensive, time-consuming, and stressful during an already difficult time.

City Legal makes setting up your LPA straightforward and affordable, giving you and your family peace of mind that your affairs will be handled according to your wishes.

What is probate and can it be avoided?

Probate is the legal process of validating a will and administering the estate of a deceased person. It involves:

Proving the will is valid and legally binding
Identifying and valuing the deceased's assets
Paying debts, taxes, and expenses
Distributing remaining assets to beneficiaries

Probate can be time-consuming (often 6-12 months or longer) and expensive, with costs including court fees, legal fees, and executor fees that can total several thousand pounds.

Some estates can avoid probate through:

Joint ownership of assets
Beneficiary designations on accounts
Trusts
Gifts during lifetime

Our probate services at City Legal help families navigate this process efficiently and cost-effectively, whether you're dealing with a simple estate or complex probate issues.

How often should I update my estate plan?

Your estate plan should be reviewed and updated regularly to ensure it continues to reflect your wishes and circumstances. We recommend reviewing your plan:

Every 3-5 years as a general rule
After major life events (marriage, divorce, birth of children, death of beneficiaries)
When you acquire significant new assets
When tax laws change
When you move to a different country
When your wishes or family circumstances change

Outdated estate plans can cause serious problems, including:

Assets going to ex-spouses or estranged family members
Increased tax liabilities
Appointed guardians who are no longer suitable
Executors who are unable to serve

City Legal offers regular review services to ensure your estate plan stays current and effective throughout your life.

What makes JMAC Estate Planning different from other firms?

City Legal stands out through our commitment to making estate planning accessible, affordable, and straightforward for everyone:

Transparent Pricing: No hidden fees or surprise charges
Personal Service: Direct access to experienced professionals
Flexible Appointments: Evening and weekend consultations available
Home Visits: We can come to you for added convenience
Comprehensive Approach: We consider all aspects of your estate planning needs
Ongoing Support: Continuing relationship beyond document creation

Our team combines extensive legal expertise with a compassionate understanding of the emotional aspects of estate planning. We take the time to understand your unique situation and explain everything in plain English.

With competitive pricing, exceptional service, and a track record of satisfied clients, City Legal is your trusted partner in protecting your family's future.

Frequently Asked Questions