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Frequently Asked Questions – Family & Estate Planning Law

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Disclaimer: The responses provided in this FAQ are for general informational purposes only and do not constitute legal advice. Specific legal advice requires consideration of individual circumstances and additional details.

We understand that planning for your family’s future or navigating sensitive legal issues can be overwhelming. Below are answers to some of the most common questions our clients ask.

Family Law FAQs

Divorce & Separation

A legal separation allows spouses to live apart and divide assets or responsibilities without ending the marriage, while a divorce permanently dissolves the marriage.

Courts generally divide marital assets fairly, considering income, contributions, and each spouse’s needs. However, parties can come to a mutual agreement over how their assets are split. This is then submitted to court. Court is more likely to approve it if the split is fair.

If parents can’t agree, the court decides custody based on the child’s best interests — including stability, safety, and the child’s relationship with each parent. An agreement can be reached at Mediation. Mediation by a qualified mediators is highly recommended and this needs to happen before application to court. 

Your lawyer can estimate what you might expect to pay or receive. However, the Child support (child maintenance) is usually calculated by the Child Maintenance Service (CMS). The parent who doesn’t have day-to-day care of the child pays the parent the child lives with.

The CMS looks at the paying parent’s gross yearly income (before tax and National Insurance). Pension contributions can be deducted. If the parent also supports children in their own household, their income may be adjusted.

Payments are worked out using set rates depending on income level. Higher income means a higher percentage is used. There is also a cap for very high incomes.

The final amount also depends on:

• How many children are being supported.

• How many nights the child stays overnight with the paying parent — more overnight care usually reduces the payment.

You can use the official GOV.UK Child Maintenance Calculator to estimate how much should be paid. 

Yes. Many families resolve disputes through mediation or collaborative divorce, saving time, money, and stress.

Spousal support depends on each spouse’s income, earning ability, financial needs, the length of the marriage, standard of living during the marriage, and whether one partner sacrificed career opportunities (e.g., to raise children).

Yes. You can negotiate your own financial and parenting arrangements. If you agree, the terms can be made legally binding with a consent order without a court hearing. Approval bu court is not guranted. The court will decide. However, if the agreed terms are fair and just then it’s more likely to be approved.

A straightforward divorce typically takes around 6 months. It may take longer if there are disagreements about finances, property, or children.

One spouse cannot stop a divorce. Under the current system, the divorce can usually proceed even if one person does not consent.

Each spouse must fully disclose their finances. If one hides assets, the court can investigate, adjust the settlement, and impose penalties.

Child Custody & Support

Yes. If there’s a significant change in circumstances — like income, relocation, or the child’s needs — you can request a modification.

In certain cases, yes. Courts may grant visitation if it’s in the child’s best interests.

Yes — in certain circumstances, grandparents can request visitation or custody of their grandchildren. The law recognises the important role grandparents play in a child’s life, but their rights depend on the specific situation.

Estate Planning FAQs

Wills & Trusts

A will ensures your property is distributed according to your wishes and can help avoid family disputes after your passing. A well planned will could help reduce the impact of inheritance tax on your Estate.  A will lets you decide who gets your money, property and possessions after you die.  

• You can appoint legal guardians for children under 18, and choose executors to carry out your wishes.  

• It helps reduce uncertainty, avoid family disputes and can assist tax-planning (e.g., inheritance tax) if properly drafted.  

• Dying without a will means you die “intestate”. Your estate will be dealt with under the legal rules of intestacy rather than your personal wishes.  

• Under these rules, only certain relatives (spouse/civil partner, children, etc) inherit automatically. Unmarried partners/co-habitants may get nothing.  

• If there are no eligible relatives, your estate may pass to the Crown (via the “bona vacantia” process).  

Yes, you can write your own will — but it’s important to understand the risks of doing so without legal guidance. A will is only valid if it meets strict legal requirements for wording, signing, and witnessing. Even small errors or unclear language can make a will invalid or lead to disputes among family members after your death.

A solicitor or estate planning lawyer ensures your will is legally sound, clearly reflects your wishes, and covers all aspects of your estate — including property, savings, digital assets, and guardianship for children.

Having your will professionally drafted gives you peace of mind that your loved ones will be cared for exactly as you intend, without unnecessary delays or legal complications.

Your executor is the person responsible for carrying out the wishes in your will after you pass away — managing your estate, paying debts, and distributing assets to your beneficiaries.

You should choose someone you trust, who is organised, responsible, and comfortable handling paperwork and financial matters. Many people appoint a close family member or friend, but it’s also common to name a professional executor, such as a solicitor or estate planning lawyer, especially if your estate is complex or you want to avoid potential family conflict.

You can appoint more than one executor — up to four — so responsibilities can be shared.

  •  It’s recommended to review your will every 5 years to check it still reflects your life and wishes.  
  • You should update it whenever there’s a major life event: marriage, divorce, having children or grandchildren, buying property, changes in your executors/beneficiaries.  

For a will to be valid in England & Wales, you must:

• Be 18 or over, and of sound mind (you understand what you’re doing, what assets you have and who might expect to benefit).  

• Make it voluntarily, without pressure.  

• It must be in writing, signed by you in the presence of two independent adult witnesses (both witnesses also sign in your presence).  

• The witnesses must not be beneficiaries (or married to beneficiaries) in your will.  

A trust is a legal arrangement where a trustee holds and manages assets for beneficiaries. It can take effect during your lifetime.

A will only takes effect after death and must go through probate. Trusts are often used to manage assets more privately and efficiently.

 

• Revocable (Living) Trust: You keep control of the assets and can change or cancel the trust at any time.

• Irrevocable Trust: Once set up, it generally cannot be changed. It can offer tax and asset protection benefits.

• Testamentary Trust: Created within a will and only takes effect after death.

Choose someone responsible, trustworthy, and organized. This can be a family member, friend, or a professional trustee such as a solicitor or financial institution. They should be able to manage money and follow your instructions.

• Revocable trusts can be changed or terminated at any time.

• Irrevocable trusts are generally not changeable once established, except in limited circumstances or with legal approval.

Assets placed in a trust are not owned in your personal name at death. Because of this, they do not go through probate, allowing for faster distribution, lower legal costs, and greater privacy.

Powers of Attorney & Healthcare Directives

A power of attorney allows you to appoint someone you trust to handle your financial or legal matters if you become unable to do so.

These documents let you outline your medical care preferences and name someone to make healthcare decisions if you’re incapacitated.

Probate & Estate Administration

Probate is the legal process of validating a will, paying debts, and distributing assets. A good estate plan can simplify or even avoid this process.

It depends on the estate’s complexity — typically anywhere from a few months to a year.

Yes. Creating a trust, naming beneficiaries, and joint ownership are common ways to bypass probate.

Financial & Tax Planning

Strategies like trusts, gifting, and charitable donations can minimize tax burdens. We’ll help tailor a plan to your financial goals.

Absolutely. A business succession plan ensures your company continues to operate smoothly after retirement, disability, or death.

Whether you’re preparing an estate plan, navigating divorce, or protecting your family’s interests, our experienced attorneys are here to guide you with compassion and clarity.

Contact us today to schedule a confidential consultation.