Wills & Lasting Powers of Attorney — A UK Basics Guide

Life is unpredictable. A will decides what happens to your estate when you die, and a lasting power of attorney decides who can act for you if you lose the ability to manage your own affairs. Yet many people in England and Wales have neither. This guide explains the basics so you can put your affairs in order. It is general information, not legal advice.

Why make a will?

Without a will, your estate is shared under the intestacy rules, which may not reflect your wishes. Under those rules:

• A spouse or civil partner takes a statutory share, with children sharing the rest where the estate is large enough.
• Unmarried partners do not inherit automatically, however long you have lived together.
• You cannot choose specific gifts, name guardians for your children, or leave anything to friends or charity.
• The process can be slower and more stressful for those you leave behind.

A last will and testament lets you appoint executors, name guardians for minor children, make specific gifts and leave the residue as you choose. Couples often use mirror wills, which are two matching wills leaving everything to each other and then to the same beneficiaries.

What makes a will valid?

Under the Wills Act 1837 a will in England and Wales must be in writing and signed by you (or by someone in your presence and at your direction), and your signature must be made or acknowledged in the presence of two witnesses present at the same time, who then sign in your presence. A witness (or their spouse) should not be a beneficiary, or the gift to them may fail. Keep the will safe and tell your executors where it is.

Lasting powers of attorney (LPA)

An LPA lets you appoint one or more trusted attorneys to make decisions for you if you lose mental capacity. There are two types under the Mental Capacity Act 2005:

• Property and financial affairs LPA — covers money, bank accounts, bills and property. It can be used (with your permission) while you still have capacity.
• Health and welfare LPA — covers decisions about medical care, where you live and daily routine. It can only be used once you lack capacity to decide for yourself.

To be effective, an LPA must be registered with the Office of the Public Guardian (OPG) — it cannot be used until registration is complete. Without an LPA, your family may have to apply to the Court of Protection for a deputyship, which is slower and more costly. For a simpler, temporary arrangement while you still have capacity — for example to let someone act for you while you are abroad — an ordinary general power of attorney may suffice, but it ends automatically if you lose capacity.

Related family and estate documents

Putting your affairs in order often involves more than a will. Couples may want a prenuptial agreement or, for unmarried partners, a cohabitation agreement. On a relationship breakdown a separation agreement and a child arrangements agreement set out the terms, and a lifetime gift can be recorded with a deed of gift.

Put things in order today

Take a step forward: choose the right template — a will, mirror wills, a property and financial LPA or a health and welfare LPA. Fill in your details, follow the signing and registration steps, and the important things are taken care of.