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The 5 Legal Documents Every UK Adult Needs (And Why)

· 14 min

Note: The following scenario is fictional and used for illustration.

Emma, 38, thought she had her affairs in order. She owned a £285,000 flat in Leeds, had £45,000 in savings, and a good pension. She'd been with her partner Jake for six years, and they had a three-year-old daughter, Lily. Emma kept meaning to "sort out the legal stuff"—she knew she needed something—but wasn't sure exactly what or where to start.

Then her colleague collapsed at work from a brain hemorrhage. At 42, Sarah was in a coma, and her family couldn't access her bank accounts to pay her mortgage or make medical decisions. It took eight months and £4,200 in legal fees for Sarah's parents to gain control through the Court of Protection.

Emma realised that night: she had none of the legal documents that would protect Lily, Jake, or her parents if something happened to her.

According to the Money and Pensions Service, 56% of UK adults don't have a will. Even fewer have Lasting Powers of Attorney or Advance Decisions.

This article walks you through the 5 essential legal documents every UK adult needs, explains what each one does, and shows you the simplest way to get them in place.

Table of Contents

Why Most UK Adults Are Legally Unprepared (And Don't Know It)

Most people think "getting my affairs in order" means writing a will. In reality, a will only covers what happens after you die—not what happens if you lose capacity while alive.

56% of UK adults don't have a will, according to the Money and Pensions Service. Fewer still have Lasting Powers of Attorney or Advance Decisions. The gap between what people think they need and what actually protects them is enormous.

Without LPAs, no one can access your bank accounts, pay your bills, or make medical decisions if you're incapacitated. Without an Advance Decision, doctors may provide life-sustaining treatment you wouldn't want. Without funeral wishes written down, your family may guess wrong about burial vs cremation.

James, 52, had a stroke. His wife couldn't access their joint savings—both signatures were needed for withdrawals over £500. She couldn't sell their car to pay for home adaptations. She spent £3,400 and nine months applying to become his deputy through the Court of Protection. An LPA would have cost £82 and taken 20 weeks to register—before the stroke.

In England and Wales, the Mental Capacity Act 2005 governs LPAs and Advance Decisions. Scotland and Northern Ireland have separate legal frameworks. If you live in England or Wales, you need to understand what these five documents do—and which ones you're missing.

Document 1: Your Will – Who Gets What and Who Looks After Your Children

A will specifies who inherits your estate and who becomes guardian of your children under 18 if you die.

Without a will, intestacy rules apply. Your unmarried partner inherits nothing. 67% of UK adults either don't have a will or have one that's out-of-date.

Under the Wills Act 1837, a valid will must be in writing, signed by you, and witnessed by two independent adults who aren't beneficiaries.

Sophie, 34, and her partner Tom had a daughter, Mia. They weren't married. Sophie died without a will. Under intestacy rules, Tom inherited nothing—Sophie's entire £220,000 estate went to her parents.

Update your will when you marry, divorce, have children, or experience significant asset changes. A solicitor-drafted will costs £650 or more. Online services like WUHLD cost £99.99.

Document 2: Lasting Power of Attorney (Property and Financial Affairs)

A Property and Financial Affairs LPA lets you appoint attorneys to manage your finances, property, and legal affairs if you lose mental capacity.

LPAs are governed by the Mental Capacity Act 2005 in England and Wales. Scotland and Northern Ireland have separate legal frameworks.

Without one, no one—not even your spouse—can legally access your bank accounts or sell your property if you lose capacity. Your family must apply to the Court of Protection to become a deputy, which costs £3,000+ and takes 6-12 months.

Your attorney can manage bank accounts, pay bills and mortgages, sell property, claim benefits, and manage investments. You decide whether your attorney can act only when you lack capacity (most common) or immediately upon registration.

LPAs must be registered with the Office of the Public Guardian before use. Registration takes approximately 20 weeks and costs £82.

Linda, 68, had dementia. Her son needed to sell her £310,000 flat to pay for care fees. Without an LPA, he applied to become her deputy—it cost £3,200 and took 11 months. An LPA would have prevented this.

Most people appoint their spouse, adult children, or a trusted friend. You can appoint multiple attorneys to act jointly (must agree on decisions) or jointly and severally (can act independently).

Document 3: Lasting Power of Attorney (Health and Welfare)

A Health and Welfare LPA lets you appoint someone to make decisions about your medical treatment, daily care, and living arrangements if you lose mental capacity.

Unlike the Property & Financial Affairs LPA, this can only be used once you lack capacity to make health decisions yourself.

Without one, doctors make medical decisions in your "best interests"—consulting family, but not bound by their views. Your family may disagree about your care.

Your attorney can make decisions about medical treatment, where you live, daily care, and life-sustaining treatment (only if you give explicit authority). You must explicitly state whether your attorney can decide about life-sustaining treatment—ventilation, CPR, tube feeding. If you don't, doctors decide, not your attorney.

David, 55, had a stroke and was on life support. Without a Health & Welfare LPA, doctors made the decision—not David's chosen person. His family disputed treatment for months.

Most people appoint someone who knows their values—often a spouse, adult child, or close friend. If you have both a Health & Welfare LPA and an Advance Decision, the Advance Decision takes priority for specific treatments you've refused.

Registration costs £82 and takes approximately 20 weeks.

Document 4: Advance Decision to Refuse Treatment (Living Will)

An Advance Decision lets you refuse specific medical treatments in advance if you later lack capacity to make those decisions yourself. It's governed by the Mental Capacity Act 2005, sections 24-26.

You can refuse treatment, but you cannot demand specific treatment. An Advance Decision is about what you don't want, not what you do want.

If you have strong preferences about end-of-life care, an Advance Decision ensures doctors respect your wishes even if you can't communicate them.

You can refuse specific treatments (CPR, ventilation, tube feeding) in specific circumstances (e.g., "if I have advanced dementia and can no longer recognise my family").

For life-sustaining treatment, your Advance Decision must be written, signed, witnessed, and include: "This decision applies even if my life is at risk."

Margaret, 79, had advanced Alzheimer's. She'd written an Advance Decision refusing CPR and ventilation if she could no longer recognise her family. When she developed pneumonia, doctors provided palliative care only, respecting her wishes.

People with terminal or progressive illnesses, anyone with strong preferences about life-sustaining treatment, or people with religious objections to certain treatments should consider one.

The NHS provides free templates. You can change or cancel your Advance Decision at any time while you have capacity.

Document 5: Your Funeral Wishes (Not Legally Binding, But Still Important)

Funeral wishes aren't legally binding in the UK—even if included in your will. UK law gives the executor or next of kin the legal right to arrange the funeral, not the deceased.

Even though not binding, written wishes reduce family stress and prevent disputes about burial vs cremation, religious vs non-religious service, and other preferences.

Record your preferences for burial or cremation, type of service, location, music, who should attend, and charity donations instead of flowers. Mention whether you're on the NHS Organ Donor Register.

Keep a copy with your will and give one to your executor—funerals often happen within 1-2 weeks, before wills are read.

Peter wanted a woodland burial. He never wrote it down. When he died at 58, his children insisted on a church burial. His wife couldn't override them without proof. A one-page document would have prevented this.

How Much Do These Documents Cost and How Do You Get Them?

Document DIY/Free Online Service Solicitor
Will Free (risks errors) £90-£150 £650+
Property & Financial Affairs LPA £82 (gov.uk + OPG fee) £150-£200 (+ £82) £350-£650 (+ £82)
Health & Welfare LPA £82 (gov.uk + OPG fee) £150-£200 (+ £82) £350-£650 (+ £82)
Advance Decision Free (NHS template) Included with will £100-£300
Funeral Wishes Free Included with will Included with will
TOTAL £164 £400-£632 £1,500-£2,800+

WUHLD offers wills for £99.99. LPAs can be created free via gov.uk (£82 per LPA to register). Fee reductions available for those on benefits or income below £12,000.

Total time: 2-3 hours to create all five documents. LPAs take approximately 20 weeks to register.

What to Prioritise: Which Documents Should You Sort First?

1. Everyone (especially parents and couples): Your will

Your will should be your number one priority if you have children under 18, you're unmarried, you own property, or you want to avoid family disputes.

It's the quickest and cheapest document to create. If you do nothing else, do this first.

2. Homeowners, high earners, and couples: Property & Financial Affairs LPA

Prioritise a Property & Financial Affairs LPA if you own property, have significant savings, you're married or in a long-term relationship, you're over 50, or you're self-employed.

Losing capacity without an LPA creates immediate crises—bills can't be paid, mortgages default. The Court of Protection process is slow and expensive.

3. People over 50 and those with health concerns: Health & Welfare LPA and Advance Decision

Prioritise Health & Welfare LPA and Advance Decision if you're over 55, have a progressive or terminal illness, or have strong preferences about end-of-life care.

4. Everyone: Funeral wishes

Write a one-page document with your preferences. Takes 10 minutes and prevents family disputes.

"Do everything" timeline

  • Week 1: Create your will (15 minutes online, £99.99, preview free)
  • Week 2: Create both LPAs via gov.uk (1 hour, £164 total registration)
  • Week 3: Complete NHS Advance Decision template (30 minutes, free)
  • Week 4: Write funeral wishes (15 minutes, free)

Total: 2-3 hours over 4 weeks, approximately £264.

Frequently Asked Questions

Q: What are the 5 most important legal documents for UK adults?

A: The 5 essential legal documents are: (1) a valid will naming guardians and beneficiaries, (2) Lasting Power of Attorney for Property and Financial Affairs, (3) Lasting Power of Attorney for Health and Welfare, (4) Advance Decision to Refuse Treatment (living will), and (5) a written record of your funeral wishes. Together, these documents ensure your wishes are honoured if you lose capacity or die.

Q: Do I legally need a will in the UK?

A: While there's no legal requirement to have a will, dying without one means intestacy rules decide who inherits your estate—and this may not reflect your wishes. If you have children, unmarried partners, specific wishes about your assets, or want to avoid family disputes, a will is essential to ensure your estate is distributed as you intend.

Q: What happens if I don't have a Lasting Power of Attorney?

A: Without an LPA, if you lose mental capacity, no one can legally manage your finances or make health decisions for you. Your family would need to apply to the Court of Protection to become deputies—a lengthy, expensive process (often £3,000+) that can take 6-12 months. An LPA prevents this by appointing someone you trust in advance.

Q: How much does it cost to get these legal documents in the UK?

A: A solicitor-drafted will typically costs £650 or more. Each Lasting Power of Attorney costs £82 to register with the Office of the Public Guardian, plus solicitor fees of £200-£500 per LPA if using a solicitor. Online services like WUHLD offer wills for £99.99. Advance Decisions can be created free using NHS templates, but many people include them when making their will.

Q: Can I write these legal documents myself or do I need a solicitor?

A: You can create a valid will and Advance Decision yourself without a solicitor, as long as you follow the legal requirements (proper witnessing, mental capacity, etc.). LPAs can also be created without a solicitor using the gov.uk online service, though you still pay the £82 registration fee. For straightforward estates, online services like WUHLD provide legally valid documents with guidance at a fraction of solicitor costs.

Q: At what age should I start thinking about these legal documents?

A: You should consider these documents from age 18 onwards, particularly if you have assets, dependents, or specific wishes. Key life triggers include: buying property, getting married or entering a long-term relationship, having children, starting a business, or reaching 50. The earlier you have these documents in place, the better protected you and your family will be.

Q: Are funeral wishes legally binding in the UK?

A: No, funeral wishes are not legally binding in the UK, even if included in your will. However, writing down your funeral preferences (burial vs cremation, type of service, etc.) helps your family honour your wishes and reduces stress during an emotional time. Keep your funeral wishes document with your will or tell your executor where to find it.

Conclusion

Creating legal documents isn't about expecting the worst—it's about protecting the people you love.

Key takeaways:

  • Your will is your number one priority. It's the fastest, cheapest, and most universally important document.
  • LPAs protect you while alive. Without them, your family faces Court of Protection applications costing £3,000+ and taking 6-12 months.
  • You need both financial and health LPAs. Both cost £82 each and take 20 weeks to register.
  • Advance Decisions are for specific treatment refusals. They're free and legally binding.
  • Write down your funeral wishes. Though not legally binding, they reduce family stress and prevent disputes.

None of us can predict what will happen tomorrow, but we can make sure our families aren't left struggling with legal chaos on top of grief or crisis.

Need Help with Your Will?

Understanding what legal documents you need is the first step—but actually creating them is what protects your family. While LPAs and Advance Decisions require separate processes, your will is the foundation that every UK adult should have in place, and it's the quickest and easiest to get done.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete will (legally binding when properly executed and witnessed) plus three expert guides. Preview your will free before paying anything—no credit card required.

Legal Disclaimer: This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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