A way with wills

Where there's a will, there's a question. Jan Wright of Radcliffes solicitors answers some of yours.

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What does probate mean, asks Mrs Clarke.

Probate is short for a grant of probate. This is in effect an order of the court which says that a will is valid, these people are the executors and they are the people who will deal with the estate.

Can you keep your will at home and not at a solicitor's?

Of course you can, but the most important thing is to keep it safe. If you keep it with a solicitor, they will usually, for no fee, keep it safe for you in a fireproof cabinet or strong room.

If your will doesn't leave equal benefits to family members, how can you guard against it being challenged after you die?

It's different in England and in Scotland. In England you can leave your money to anyone you want. In Scotland you must leave money to your spouse and children.

In England you can cut out, for example, your wife, but there is legislation under which the wife can then bring a claim against your estate to get what she says she should have got in the first place.

All you can really do to try and safeguard matters is do the will through solicitors so you've got full notes saying what you've done and why and keep all these notes with the will.

Mr Fardon made a will with partners at his solicitors appointed executors and trustees. He now wants his son and daughter to take over these tasks. Can he change the will himself?

He'll have to do a codicil which needs to be executed correctly and I would recommend he goes to a solicitor to do that because you often get people changing their minds, thinking they know how to do it and revoking the whole will and ending up with an intestacy.

A woman has an uncle who is mentally impaired but can read and understand simple language. Is it legally possible that he can make a will and how could they go about doing it?

If he has what's known as the right capacity - which means he knows how much he has got, he knows who he ought to leave it to and he knows what the effect of the will is then yes, he can do the will.

If he hasn't got the right capacity then it's possible to apply to the court of protection for a statutory will to be executed on his behalf.

Can an executor be an organisation, such as a charity, rather than a specified person, asks Mr Woods?

If the rules of the organisation allow it to be an executor then it can be an executor.

Can you use your will to safeguard your dog's welfare after you die?

You can either approach someone like the RSPCA, who are used to these sort of requests, and they will take the legacy on condition they look after the dog. Or you can leave it to one person on condition they look after the dog and if they don't then someone else gets the money.

That puts the onus on the second person to make sure the first person really is looking after the dog.

Mr Paige is planning to move next door and wants to know if he needs his will redone, even if the contents are not going to change?

It depends what the contents of the will are. If the will refers to his current property and gives it to somebody then that gift isn't going to be valid any more.

But if he's just moving next door and the will doesn't refer to the property then he doesn't have to do a new will.

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The opinions expressed are Jan's, not the programme's. These answers are not intended to be definitive and should be used for guidance only. Always seek professional advice for your own particular situation.