๐Ÿ“ 11 Church Road, TN1 1JA, Tunbridge Wells, United Kingdom ๐Ÿ“ž +44 1892 526344 ยท โœ‰ [email protected]
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Berry & Lamberts
Solicitors ยท Est. Kent
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Frequently asked questions

Answers to the questions we are asked most often. If yours is not here, please get in touch.

Do I need a solicitor to make a Will?

There is no legal requirement to instruct a solicitor, but a professionally drafted Will is far less likely to be challenged or misinterpreted. Home-made Wills are the single most common cause of contested probate applications in England & Wales.

What is the difference between the two types of Lasting Power of Attorney?

A Property & Financial Affairs LPA allows your chosen attorneys to manage bank accounts, property and investments. A Health & Welfare LPA allows them to make decisions about your medical care and daily welfare โ€” including, if you wish, life-sustaining treatment. Most clients grant both.

How long does probate take?

A straightforward Grant of Probate typically takes 8โ€“14 weeks from the date of application to HMCTS. Full estate administration โ€” from death to final distribution โ€” usually completes within 9โ€“12 months. Estates requiring HMRC clearance or property sales can take longer.

Will I lose my home to pay for care?

Not necessarily. If your total assets are below ยฃ23,250 (2025/26 threshold) the Local Authority contributes to your care costs. There are lawful planning options and deferred payment agreements available. We can review your position without obligation.

Do you visit clients at home?

Yes โ€” home, hospital, hospice and care home visits are a routine part of our practice, not an exception. Within 20 miles of Tunbridge Wells there is no mileage surcharge.

What happens if my relative has already lost mental capacity?

If no Lasting Power of Attorney is in place, an application to the Court of Protection for a Deputyship Order is required. We prepare these applications regularly and can act as professional Deputy where the family prefer.

Are your fees fixed?

The vast majority of our work is fixed-fee, quoted in writing before we start. Where a matter is complex or unpredictable โ€” such as contested probate โ€” we work on hourly rates agreed with you and provide monthly billing summaries.

Are you regulated?

Yes. Berry & Lamberts LLP is authorised and regulated by the Solicitors Regulation Authority (SRA). We are also members of Solicitors for the Elderly (SFE) and STEP.