Frequently Asked Questions

Estate planning is the process of arranging how your assets, property, and personal affairs will be managed during your lifetime and distributed after your death. It includes creating a will, setting up trusts, establishing powers of attorney, and planning for potential care needs. Without a proper estate plan, your family may face unnecessary legal complications, higher costs, and decisions being made by courts rather than by people you trust.

The best time to start estate planning is now, regardless of your age or wealth. Life is unpredictable, and having the right documents in place protects you and your loved ones from unexpected events. Key life milestones — such as buying property, getting married, having children, or receiving an inheritance — are particularly important times to review or create your estate plan.

If you die without a will (known as dying “intestate”), your estate will be distributed according to the rules of intestacy set by law, not according to your wishes. This can mean that unmarried partners, stepchildren, and close friends receive nothing, while distant relatives may inherit. It often leads to family disputes, longer processing times, and higher legal costs. Creating a will is the single most important step you can take to protect your family.

A will is a legal document that sets out how you want your assets distributed after your death. It only takes effect when you die and must go through probate. A trust, on the other hand, is a legal arrangement where assets are held by a trustee for the benefit of named beneficiaries. Trusts can take effect during your lifetime, can help avoid probate, may reduce inheritance tax liability, and give you more control over how and when assets are distributed. Many people benefit from having both.

A Lasting Power of Attorney (LPA) allows you to appoint someone you trust to make decisions on your behalf if you become unable to do so yourself — whether through illness, injury, or mental incapacity. Without an LPA, your family would need to apply to the Court of Protection, which is expensive, time-consuming, and stressful. There are two types: one for financial decisions and one for health and care decisions. We recommend having both in place.

Probate is the legal process of administering a deceased person’s estate — collecting assets, paying debts, and distributing what remains to beneficiaries. While probate cannot always be avoided, careful estate planning can simplify the process significantly. Strategies such as setting up trusts, holding property as joint tenants, and nominating beneficiaries on pensions and life insurance policies can all help reduce the need for probate.

We recommend reviewing your estate plan every three to five years, or whenever you experience a significant life event such as marriage, divorce, the birth of a child, buying or selling property, receiving an inheritance, or a change in health. Tax laws and regulations also change over time, so regular reviews ensure your plan remains effective and up to date.

City Legal offers a personal, client-focused approach that larger firms simply cannot match. We come to you — offering home visits at times that suit your schedule, including evenings and weekends. We explain everything in plain English, without legal jargon, and we build lasting relationships with our clients. Our focus is entirely on estate planning, which means you benefit from deep specialist knowledge rather than a generalist approach.