Frequently Asked Questions

We do our best to see our clients as soon as possible. We can take requests by phone, email or in person at our Williton office, or by the Get In Touch button on the website. If the request is received outside of office hours, we will contact you when the office is open the following day.

We understand that some people feel this way and we make every effort to make you feel welcome. Interviews are conducted in private and you can take your time to explain your situation. As a practice, we want you to feel comfortable and at ease with us. If you look at our reviews you will see how many clients note our professional yet friendly approach. If there is anything that you do not understand before or during the appointment, please just ask.

We will need to see you in person at least once during the period that we are dealing with your matter. Most of our appointments are at our Williton office although for elderly or vulnerable clients, we do offer a home visit service. Once we have met you, we can also conduct meetings over the telephone, or via Teams or Zoom if you prefer.

We offer a free 30 minute initial appointment to discuss your needs with no obligation to proceed. We are very transparent about our fees should you decide to proceed. The amount charged will depend on your matter and the complexity. Some matters such as Wills and LPAs are fixed fee, other matters are charged on an hourly basis. The charges are discussed at the first meeting before you agree to use our services. We can also discuss payments on a monthly instalment plan if that helps (see below). More detail on costs can be found on our website under the ‘Fees & Pricing Structure’ tab.

These are third party costs such as formal online ID checks, court filing fees, barrister fees, or land registry fees for example. Disbursements are separate from legal fees and are clearly set out on invoices.

Yes, each client needs to provide 2 pieces of ID – 1 proof of address and 1 photo ID. A passport or photocard driving licence plus a Council Tax or utility bill is usually enough. The photo ID needs to be in date to be valid and the address ID needs to be dated within the last three months. This is a requirement of our regulatory body (Solicitors Regulation Authority).

By making a Will, you are making provision for the winding up of your affairs after death. This not only has advantages for those who will find themselves administering your estate, but also gives you peace of mind, knowing that you have selected as executors the individuals best suited for the role and have given them the necessary instructions. A Will makes sure your assets are left to the people you want to receive them. Without a Will, this may not happen.

End-of-life planning is a topic which is hard to address and easy to put off. Many people find it challenging to think about making a Will as it can raise some difficult issues and questions. We can talk you through all the issues, including some of the things that can go wrong if you do not have a clearly set out Will.

Yes, you could but almost without exception, a professionally drafted Will is the better option. Not only can you be confident that your estate will pass according to your wishes and instructions, but you will be guided in thinking about your assets and family circumstances to ensure that all matters are appropriately dealt with. Solicitors have a lot of experience and knowledge of where Wills have been challenged and can therefore help you avoid the pitfalls.

A homemade Will, for example, does not deal with Inheritance Tax issues which you will do need to consider when looking at making a Will and organising your assets.

DIY Wills are likely to be limited, and your particular estate and circumstances may benefit significantly from a more specific form of Will. For example, some people may be advised to set up a trust in their Will for reasons of asset protection or flexibility and this would certainly require professional and careful drafting. Without the assistance of a solicitor or professional Will writer, you may be missing the opportunity of leaving your estate in the most secure and tax efficient way possible.

You should also be aware that Will writers are not regulated in the same way that solicitors are and therefore there are greater safeguards in place by going to a qualified and regulated solicitor.

An Ordinary Power of Attorney is not an effective provision because it is automatically revoked by mental incapacity, just at the time when it is most needed. A Lasting Power of Attorney is effective from the moment it is registered at the Office of the Public Guardian and lasts until your death (unless you revoke it). It must be made whilst you have capacity. If you do not make an LPA and lose your capacity to manage your affairs, the Court of Protection has power to appoint people to manage your affairs instead, this is known as Deputyship. This procedure is costly and time-consuming, but more importantly, you will have lost the right to choose who will have the responsibility for looking after your affairs.

There are two types of LPA – Property & Financial Affairs and Health & Welfare. These can be done yourself online but again, clients find it helpful to talk things through with a professional to ensure that they make the most suitable choices that reflect their circumstances.  Bear in mind that a solicitor will often have experience of things that can go wrong when effecting LPAs and they can discuss these issues with you.

A Separation Agreement allows you to live apart but remain married. You may not be ready to divorce, so a Separation Agreement helps you and your spouse reach a voluntary agreement in regard to property, finances and children, until you decide you are ready to divorce, or even reconcile. A Separation Agreement is voluntary, and not legally binding.

A divorce will dissolve your marriage. If you have a Separation Agreement, this can be utilised to make a Consent Order which is the formal financial settlement sealed by the court, which is binding and enforceable.

If you are planning to enter into a marriage or civil partnership you might consider making a pre-nuptial agreement. This agreement aims to protect your individual pre-acquired assets which are not intended to become marital assets and prevents them becoming matrimonial assets subject to division with your spouse in the event of divorce. Pre-nuptials are not necessarily binding on divorce, there are other factors to consider.

A post-nuptial is also possible. This is a similar agreement but made after you are married.

If you live with your partner but are not married or in a civil partnership and want a document in place that sets out what happens to your assets and finances if you separate, you might consider creating a Cohabitation Agreement.

The agreement can include what will happen to any property and assets you own, who will take custody of any pets, and who will care for any children you have, as well as stating how you will manage your current finances including mortgage or rent payments and bills.

It can make separation so much easier and amicable if important agreements about assets and contributions are set out in advance.

The exact paperwork or documents you need will vary depending on the specific issue you will be discussing but you will need to bring some ID documents, which we will advise you on when we make the appointment. You should also bring relevant paperwork, such as any existing legal documentation that you may have regarding the issue you want to discuss.

At the first meeting, after discussing exactly what your matter is and how we proceed, you will be advised if you need to provide any further documents.

Probate refers to the legal process of dealing with a person’s estate after they die.

If there is a Will, this needs to be checked for its validity. A Death Certificate needs to be obtained from the local council’s registry office. This will allow you to make an application to HM Courts & Tribunals Service (HMCTS) for a Grant of Probate (after payment of any inheritance tax liabilities). This then gives someone the legal authority to manage the deceased person’s money, property, and possessions, making sure debts and taxes are paid. This can be a lengthy process and it is then the duty of the Executor to distribute what is left in the estate to the beneficiaries.

Dealing with these matters can be very stressful particularly at a time of loss and we will always be there to offer support through this process. We can either deal with the entire Probate matter or elements of it in order to help the Executors through to conclusion, from the date of the death to the distribution of the estate assets.

If there is no Will there will need to be an application for Letters of Administration in order to deal with the deceased persons affairs. This is done by the closest relative or ‘next of kin’. Once obtained, the estate can be dealt with as above as it has the same legal standing as a Grant of Probate. Again, we can advise clients through this process or deal with the whole matter as required.

The costs involved in divorce cases can vary widely depending on the circumstances.

The first thing to consider is the court fees. This is the basic fee you must pay the courts even if both parties agree on everything. This is currently £612 and is the same whether it is a sole or joint application.

If both parties are amicable and agree on the division of property and other assets, agree on child arrangements and respond to requests for information, including finances, then the process may cost £1500 – £3000.

Where the divorce is contested and there are disputes over property and/or children, this may necessitate a court hearing and barrister costs. In these cases, the costs may be over £10,000 each.

Yes. We understand that some clients may find it difficult to pay costs in one lump sum. There are times where we have to ask for a sum in advance in order to pay fees to courts or barristers. Arrangements can be made to pay our own fees monthly if you do not have the means to pay in one go. This is agreed during our initial meeting.

We take your privacy very seriously.

We never discuss your case with any other client without your prior permission or even acknowledge that you are a client of ours. Client information is held securely at all times

As an essential part of our business, we collect and manage client and non-client data. In doing so, we observe the UK Data Protection legislation and are committed to protecting and respecting clients’ and non-clients’ privacy and rights.

Hollam Solicitors will typically retain information for a period of at least six years. This is due to regulatory requirements and to ensure our business records are adequate to maintain the requisite levels of insurance to protect our clients and non-clients.

As a client you can contact us in a variety of ways and if you have a particular requirement, you can discuss this at your first meeting. We usually communicate throughout your matter by email, or by telephone. If you prefer, we will write to you instead. We try to be as flexible as possible in arranging meetings at a time to suit you, whether it is in person or via Teams/Zoom.

Yes, we can do that. Please contact us so we can explain how to go about this. It’s a much simpler process than you might think and we’ll take care of the formalities for you. Where we take over your case we can obtain all of the necessary paperwork with your simple written consent.

We always appreciate receiving feedback from clients and there are several ways of doing this.

There are three ways to leave a review: Google, Facebook and Review Solicitors. On our home page under our logo you will see some stars. If you click on this, it will take you to a page where you can leave a review on Google or Facebook. 

While on the home page, you will see on the right side of the screen a Review Solicitors logo. If you click on this and then Review Solicitors again at the top of the page, it will take you to all of our reviews and an option to leave your own review.

If you are dissatisfied with a service, you should speak to the lawyer handling your case in the first instance as they will be very keen to ensure that any issue is resolved quickly to your satisfaction. There is a formal complaints procedure which is set out https://hollamsolicitors.co.uk/complaints-procedure-2/