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Do I need both a will and a lasting power of attorney?

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UKPublished 6 October 2026 · Written by BuyMeWhiskey Editorial Team · How we check facts

A will and a lasting power of attorney do different jobs. A will controls what happens to your estate after death, while an LPA lets appointed attorneys make certain decisions for you while you are alive if the relevant legal conditions are met.

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Start with GOV.UK’s guidance on making a will and then consider whether you also need one or both types of LPA.

GOV.UK: Make a will

They solve two different problems

A will speaks after death. It can name beneficiaries, appoint executors and set out what should happen to money, property and possessions. GOV.UK also says that making a will can help with Inheritance Tax planning and makes your wishes clearer than leaving distribution to the intestacy rules.

An LPA operates during your lifetime. In England and Wales there are two types: property and financial affairs, and health and welfare. You can make one type or both. An LPA must be registered before an attorney can act under it.

Why timing matters with an LPA

The key reason to arrange an LPA before it is needed is mental capacity. GOV.UK says you can only make an LPA if you have the necessary capacity. If someone later loses the ability to make a particular decision, they may no longer be able to create the document themselves.

A property and financial affairs LPA can be drafted so attorneys can act as soon as it is registered, or only after loss of capacity. A health and welfare LPA is different: attorneys normally make decisions under it only when the donor lacks capacity.

What a useful will should cover

GOV.UK recommends setting out who should benefit, who will look after children under 18, who will administer the estate and what should happen if a named beneficiary dies first. Complicated family structures, overseas property, business interests or a dependant who cannot care for themselves are situations where legal advice may be appropriate.

Updating matters too. GOV.UK advises reviewing a will every five years and after major life changes such as marriage, divorce or separation, having a child, moving house, or losing an executor.

Choosing the right LPA

A property and financial affairs LPA can cover decisions such as dealing with bank accounts, property and financial arrangements. A health and welfare LPA is about personal decisions such as care and treatment. The forms are separate because the decisions and safeguards are different.

You do not have to choose between the two. Someone who wants a named person to help with finances if capacity changes may make a financial LPA, while a person who also wants a trusted decision-maker for welfare matters may register the second type as well.

Registration and cost

GOV.UK currently lists the LPA application fee as £92. Help with the fee may be available for some people on low incomes or certain means-tested benefits. The Office of the Public Guardian says applications can take weeks to register, so leaving the paperwork until a crisis can create a practical problem.

The registration process also requires signatures, witnesses and a certificate provider. Mistakes can delay registration. The online service includes checks intended to reduce common errors.

What happens if there is no will or no LPA?

If you die without a valid will, the intestacy rules determine who inherits. Those rules differ between England and Wales, Scotland and Northern Ireland. A surviving partner is not automatically in the same legal position in every family structure, which is one reason an unmarried couple may want a properly drafted will.

If someone lacks capacity and has no suitable LPA, another legal route may be needed. That can involve the Court of Protection rather than simply allowing a relative to take over. GOV.UK therefore treats wills and LPAs as part of broader future planning, not interchangeable documents.

Another practical distinction: an executor carries out the instructions in the will after death, whereas an attorney acts for the donor while the donor is alive. Those roles can be held by the same person, but they are separate legal appointments. Naming someone as an executor does not give them authority over your bank account during your lifetime, and appointing them as an attorney does not make them an heir.

Worked example

Illustrative planning example: Daniel is 62 and lives in England. He wants his partner to inherit his estate when he dies, and he also wants his sister to be able to help if illness later prevents him from managing his finances.

Will: Daniel names his partner as the intended beneficiary and appoints an executor to administer the estate.
Property and financial affairs LPA: Daniel appoints his sister as attorney and chooses when she can act, within the options allowed by the LPA.
Health and welfare LPA: Daniel makes one as well because he wants a trusted person involved in welfare decisions if he loses capacity.
Current government fee: £92 for registering an LPA, before any optional professional help.

The key point is that the will does not give Daniel’s sister authority to run his bank account while he is alive. Likewise, the LPA does not decide who inherits the estate after death. Keeping the documents separate avoids expecting one document to do the other document’s job.

Does an LPA replace a will?#

No. An LPA is for decisions during your lifetime, while a will controls the distribution of your estate after death. They can work together because they deal with different stages of life. Having an LPA does not let an attorney rewrite your will or decide who inherits once you die.

Do I need a property and financial LPA?#

It can be useful if you want a named person to manage financial matters on your behalf while you are alive and the legal conditions for acting are met. Without an appropriate LPA, a loss of capacity can leave family members needing a different legal process rather than simply stepping into your accounts.

Do I need a health and welfare LPA as well?#

Only you can decide whether that extra control is valuable, but it covers a separate class of decisions. In England and Wales, health and welfare attorneys can act when the donor lacks capacity. A financial LPA does not automatically give the same authority over care and treatment choices.

How much does an LPA cost in 2026?#

GOV.UK currently lists the application fee at £92 for an LPA. Some people may qualify for a reduced fee or exemption depending on their circumstances. Solicitor or will-writer charges are separate, so the government fee is not the same thing as the total cost of putting a plan in place.

What if someone loses capacity before making an LPA?#

They may no longer be able to create the LPA themselves because the donor needs the required mental capacity. A different legal route may then be needed, including a Court of Protection application in some cases. This is one reason future planning is easier when documents are arranged early.

Does marriage change an existing will?#

GOV.UK says that marriage normally cancels a previous will, subject to how the document was prepared. Because family status changes can have major consequences, review your will after marriage, divorce or separation rather than assuming the old wording still matches your intentions.

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Next question →Should you use a will, a trust, or both for family wealth?

Sources

Figures were checked against these sources before publication. If a rule changes, we update the page and show the new date.

General information, not personal financial advice. Rules depend on your circumstances; check the official source or speak to a regulated adviser before acting.