Guides
Guides to wills, Lasting Powers of Attorney and protecting your family
Straight answers to the questions we hear most, written in plain English and checked against official sources.
Last reviewed 20 October 2026. General information, not legal advice.
Open Monday to Friday 9 to 6, Saturday 9 to 12
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How much does a will cost in Derby?
A single will with Jackson Giles costs £250, and mirror wills for a couple cost £350. Both are fixed fees agreed before we start. The price rises if you need extra planning, such as a Property Protection Trust or Lasting Powers of Attorney.
Do I need a Lasting Power of Attorney if I already have a will?
Yes. A will only takes effect after you die. A Lasting Power of Attorney (LPA) is the document that lets someone you trust manage your money or health decisions if you lose the ability to do it yourself while you are still alive. They do different jobs, so most people need both.
How much does a Lasting Power of Attorney cost?
With Jackson Giles an LPA costs £360 each, or £720 for both the property and financial affairs LPA and the health and welfare LPA. The Office of the Public Guardian then charges its own registration fee of £92 per LPA, which is lower or nil if you qualify.
What is the OPG fee for registering a Lasting Power of Attorney, and who pays less?
The Office of the Public Guardian (OPG) charges £92 to register each Lasting Power of Attorney, so £184 for a pair. You pay half if the person making the LPA has an income under £12,000 a year before tax, and nothing if they receive certain means-tested benefits.
How long does it take to register a Lasting Power of Attorney?
Government guidance says it takes 8 to 10 weeks to register a Lasting Power of Attorney if there are no mistakes in the application. Mistakes lead to queries and delays, and in practice the Office of the Public Guardian can take longer when it is busy.
What happens if you die without a will in England and Wales?
If you die without a will, a fixed set of rules called the intestacy rules decides who inherits, not you. Married partners and children are protected, but an unmarried partner inherits nothing, however long you were together.
Will writer, solicitor or DIY will: which should you choose?
Will writing is not a regulated activity in England and Wales, so anyone can offer it. A DIY will can work for very simple situations, but mistakes in signing or wording can make it invalid. For anything beyond the simplest case, use an experienced professional and ask about their qualifications and insurance.
How often should you review your will?
Review your will whenever your life changes in a big way, and in any case every few years. Marriage cancels an existing will, divorce changes how it works, and new children, a house move or a death in the family can all make it out of date.
How do you choose attorneys and executors?
Choose people you trust who are sensible with money, willing to act, and likely to outlive you, and always name replacements. Attorneys act for you while you are alive but unable to decide. Executors deal with your estate after you die. They can be the same people, but they do not have to be.
Can you protect your home from care fees?
In England, if your savings and other capital are above £23,250 you generally pay for your own care. You cannot simply give your home away to avoid fees, because councils can treat that as deliberate deprivation of assets. Early planning with a Property Protection Trust can help in the right circumstances, but nothing is guaranteed.
What is probate, and how long does it take?
Probate is the legal authority, called a grant of probate, that lets an executor deal with someone’s estate after they die. Not every estate needs it. Where it is needed the court fee is £526 for estates over £5,000, the grant itself can take several weeks to a few months, and settling the whole estate commonly takes 9 to 12 months.
How does Inheritance Tax work in the UK?
Inheritance Tax is normally 40% on the part of an estate above £325,000. The threshold can rise to £500,000 if you leave your home to your children or grandchildren, and a spouse or civil partner can inherit tax free and pass on their unused allowance.
What are mirror wills, and are they right for you?
Mirror wills are two separate wills, usually for a couple, with matching terms: each leaves everything to the other, and then to the same people. They are simple and affordable, £350 for the pair with us, but because they are separate documents the survivor is free to change theirs later.
Can you cut someone out of your will?
In England and Wales you are generally free to leave your estate to whoever you choose, but certain people, including children, spouses and dependants, can still make a claim if the will does not make reasonable financial provision for them. Clear planning reduces the risk of a successful challenge.
Are wills public documents, and where should you store yours?
A will is private while you are alive. Once probate has been granted, the will usually becomes a public document that anyone can order a copy of, currently for £16 online. Store the original safely and make sure your executors know where it is.
Do unmarried couples need wills?
Yes. There is no legal such thing as a common-law marriage in England and Wales. An unmarried partner, however long you have lived together, has no automatic right to inherit if you die without a will, so a will is the only reliable way to provide for them.
How should blended families make wills?
If you have children from a previous relationship, a standard will that leaves everything to your new partner can leave your own children with nothing, because your partner can then leave it all to someone else. Wills that use trusts can provide for your partner and still protect your children.
Who looks after your children if you die? Guardians in your will
If you have children under 18, your will is where you name the guardians who would look after them if both parents died. Without a will, a court decides. You can also use your will to hold money in trust for your children until an age you choose.
What is an Enduring Power of Attorney, and is it still valid?
An Enduring Power of Attorney (EPA) is the older version of a Lasting Power of Attorney. EPAs could not be made after 1 October 2007, but a valid one made before then can still be used. It covers money and property only, and must be registered with the Office of the Public Guardian once the person starts to lose capacity.
What is a Property Protection Trust, and how does it work?
A Property Protection Trust is a trust created in your will. When the first partner dies, their half of the home goes into trust for the people they have chosen, usually their children, while the surviving partner keeps the right to live there. It protects against remarriage and may help with care costs, but only if set up properly and in good time.
What happens to your will if you divorce or separate?
Divorce does not cancel your will, but your ex is treated as having died before you. Here is what changes and what to update.
What is a letter of wishes, and do you need one?
A private note that guides your executors and trustees without being legally binding, and without becoming public.
Can you give money away to reduce Inheritance Tax?
How the seven year rule and gift allowances work, and the mistakes that leave gifts counted in your estate.
How can you leave money to someone vulnerable or disabled?
Why an outright gift can affect benefits and how a trust in your will can protect someone vulnerable.
What should business owners put in their will?
What happens to a sole trader, partnership or company on death, and what to plan for.
What does an executor actually do?
The main jobs, how long they take and the personal responsibility involved.
Do you need a separate will for property abroad?
Why local law can override an English will and when a separate will abroad helps.
If you own your home jointly, do you still need a will?
Joint tenants or tenants in common: how you own your home decides who gets your share.
What happens to your online accounts, photos and crypto when you die?
Your executors have no automatic right to your online accounts. How to protect photos, crypto and logins.
What happens to your pets when you die?
In law a pet is property, so it needs a plan. How to leave a pet and money for its care.
What are the most common Lasting Power of Attorney mistakes?
The avoidable errors that stop a Lasting Power of Attorney working when it is needed.
How do you change a will?
Why you must never write on a signed will, and when a codicil or a new will is the right answer.
What happens to bank accounts and debts when someone dies?
What happens to sole and joint accounts, debts and mortgages when someone dies.
How much does probate cost?
The court fee, professional fees and other costs, and how to keep them down.
Do your pension and life insurance go through your will?
Why pensions and life insurance often pass outside your will, and how to keep nominations right.
Can someone with dementia still make a will?
A diagnosis does not automatically stop someone making a will. How capacity is judged.
What is the difference between the two types of Lasting Power of Attorney?
What each type of Lasting Power of Attorney covers and why most people need both.
What happens if you lose capacity without a Lasting Power of Attorney?
Why families have to apply to court for a deputyship, and why an LPA is easier.
How do you sign and witness a will correctly?
The signing and witnessing rules, and the mistakes that can make a will invalid.
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01332 215 151Opening hours
| Monday | 9:00am to 6:00pm |
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| Tuesday | 9:00am to 6:00pm |
| Wednesday | 9:00am to 6:00pm |
| Thursday | 9:00am to 6:00pm |
| Friday | 9:00am to 6:00pm |
| Saturday | 9:00am to 12:00pm |
| Sunday | Closed |
1st Floor, 1 St James Court
Friar Gate, Derby DE1 1BT