Wills & lasting powers of attorney · England & Wales
A will says who gets what when you die. A lasting power of attorney says who can make decisions for you if you can't. Together they make sure the people you trust are the ones in charge.
Three documents, each with a different job. Most adults should have all three. New to LPAs? Start here ↓
Says who inherits your money, home and belongings, who looks after your children, and who sorts things out (your executors).
Lets people you choose run your bank accounts, pay bills or sell your home if you can't. It can be used with your permission while you still have capacity.
Lets people you choose make decisions about your care, treatment and where you live, but only if you can't decide for yourself.
Lasting power of attorney
A lasting power of attorney (LPA) is a legal document that lets you choose who makes decisions for you if you ever can't make them yourself, through illness, an accident or something like dementia. You make it while you're well, and it's registered with the Office of the Public Guardian so it's ready if it's ever needed.
Without one, nobody can automatically step in. Not your husband, wife or partner, and not your children.
Your attorneys can:
When it's used: once registered, it can be used with your permission while you still have capacity — handy if you're in hospital or abroad.
Your attorneys can decide on:
When it's used: only when you can't make the decision yourself. Until then, you decide.
The person making the LPA. You must be 18 or over and have mental capacity when you sign it.
The people you trust to decide for you. Usually family or close friends, aged 18 or over.
Back-ups who step in if an attorney can no longer act. Optional, but well worth having.
Someone independent who confirms you understand the LPA and aren't being pressured into it.
With more than one attorney, you choose whether they must agree on every decision (jointly), can each act on their own (jointly and severally), or a mix of both. Acting separately is usually more practical day to day.
It stops when you die. From then on your will and your executors take over, which is why the two go together. Your attorneys must always act in your best interests, and you can cancel an LPA while you still have capacity.
We talk about your family, your home and your wishes, and which documents you need.
We introduce you to a specialist will writer who drafts your will and LPAs with you.
A will needs two independent witnesses. LPAs need a certificate provider and are then registered with the Office of the Public Guardian.
Review your will after big life events, like marriage, divorce, a new baby or a house move.
The law decides who inherits. Unmarried partners get nothing automatically, however long you've been together.
Marriage or civil partnership cancels an existing will in England and Wales. You'll need a new one.
The Office of the Public Guardian's fee to register each LPA. Lower incomes may pay half or nothing.
Without an LPA, not even your husband, wife or partner can automatically manage your money or make decisions for you. Joint accounts can be frozen. An LPA is quick to set up while you're well, and it's there if you ever need it.
Married partners and children usually inherit in a set order. Unmarried partners and stepchildren don't inherit automatically, and nobody is named to look after young children. A will puts you in control.
Witnesses mustn't be people who benefit from the will, or their husband, wife or civil partner. If they are, they can lose their gift. Our partner will make sure it's signed correctly.
Leaving your home to your children or grandchildren can unlock the extra residence nil-rate band of up to £175,000. Gifts to a husband, wife, civil partner or charity are usually free of inheritance tax. For bigger estates, see financial planning.
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The legal bit
Your home may be repossessed if you do not keep up repayments on your mortgage.
We don't charge a fee for mortgage advice.
Bridging, will writing, equity release and conveyancing are provided through our network of approved business partners.