Skip to main content
WUHLD
← Back to articles

How Legal Documents Work Together: Will, LPA, and Living Will

· 14 min

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

David, 42, created a will leaving everything to his wife, Emma. He thought he'd done estate planning. When David had a stroke at 45 that left him unable to communicate, Emma discovered she couldn't access their joint savings to pay the mortgage—David owned the account and she had no Lasting Power of Attorney. She also couldn't make decisions about his ongoing medical treatment because David hadn't created an advance decision or Health and Welfare LPA. Despite having a will, Emma had no legal authority during the crisis when David needed her most.

His will was useless—it only applied after death.

56% of UK adults have no will, and 78% lack registered LPAs—meaning millions of UK families face legal limbo during incapacity crises.

This guide shows exactly how wills, LPAs, and advance decisions work together, which scenarios each covers, and how to create a comprehensive estate plan without gaps or contradictions.

Table of Contents

Your will covers what happens after you die. But what about the years before that?

David's scenario shows the critical gap most people miss. His will was perfectly valid—properly signed, witnessed, and stored safely. But during his stroke crisis, it provided zero protection. Wills only operate after death. They cannot help your family during lifetime incapacity.

This creates a massive vulnerability. Statistically, you're more likely to face temporary or permanent incapacity than sudden death. Yet most people only plan for death.

The two life scenarios that require legal protection are fundamentally different. Death is sudden and final—your will directs who inherits your assets and who raises your children. Incapacity is gradual and potentially temporary—your LPAs allow someone you trust to manage your affairs while you're unable to.

Consider Rachel, 38, and Tom, 40, who lived together for 12 years and jointly owned a £320,000 house. When Tom died without a will, intestacy rules gave his entire 50% share to his parents. Rachel not only lost her partner—she faced selling their home to pay Tom's parents their inheritance.

A will would have protected her from that nightmare.

But if Tom had been incapacitated instead of dying, Rachel would have faced an equally devastating situation. Without an LPA, she'd have no legal authority to access Tom's accounts, pay their mortgage, or make medical decisions for him. Despite 12 years together, the law treats unmarried partners as strangers during incapacity.

For unmarried couples, the vulnerability multiplies. Intestacy rules mean unmarried partners inherit nothing, regardless of relationship length. Without LPAs, they also have zero decision-making rights during incapacity. No single document covers both scenarios.

The reality is stark: comprehensive protection requires multiple tools working together. Each document covers different decisions at different times. Creating just a will means planning for death but leaving your family vulnerable during the incapacity crisis that might come first.

The Three Core Estate Planning Documents Explained

Understanding how documents work together starts with knowing what each one does individually.

Will: Directing What Happens After Death

A will is a legal document that directs asset distribution after you die and appoints guardians for minor children. It takes effect only after death and is governed by the Wills Act 1837.

Creating a will costs £99.99 with WUHLD, compared to £650 or more with a traditional solicitor. The will itself requires no registration—you simply store it safely and tell your executor where to find it.

Lasting Power of Attorney: Protecting You During Incapacity

A Lasting Power of Attorney (LPA) appoints someone to make decisions if you lose mental capacity. There are two types: Property & Financial Affairs LPA (for money matters) and Health & Welfare LPA (for medical and care decisions).

LPAs take effect during your lifetime when you lack capacity, or immediately if you specify. They're governed by the Mental Capacity Act 2005.

Unlike wills, LPAs must be registered with the Office of the Public Guardian. Registration costs £92 per LPA (£184 for both types) and currently takes 8-12 weeks. You cannot create an LPA after losing capacity—it must be done while you can still make decisions.

Advance Decision: Refusing Specific Medical Treatments

An advance decision (sometimes called a living will) is a legal document refusing specific medical treatments if you lack capacity to decide. It takes effect during lifetime incapacity when you face specific treatment decisions covered by your refusal.

Advance decisions are also governed by the Mental Capacity Act 2005, Sections 24-26. They require no registration, but must be in writing for life-sustaining treatment refusals and must meet specific legal requirements to be valid.

Understanding the Numbers

In 2024-25, the OPG processed 1.37 million LPA applications—a 28% increase from the previous year. This shows growing awareness of incapacity planning. Yet over 50,000 applications were rejected for errors like incorrect forms, missing signatures, or dating mistakes.

Here's how these three documents compare:

Document Takes Effect Covers Legal Basis Registration Required
Will After death Asset distribution, guardianship Wills Act 1837 No (store safely)
Property & Finance LPA During incapacity Financial decisions Mental Capacity Act 2005 Yes (OPG, £92)
Health & Welfare LPA During incapacity Medical/care decisions Mental Capacity Act 2005 Yes (OPG, £92)
Advance Decision During incapacity Treatment refusals only Mental Capacity Act 2005 No

Each document serves a distinct purpose. None is redundant. Together, they create comprehensive protection across different life scenarios.

What Each Document Covers (And What It Doesn't)

The boundaries between these documents are precise. Understanding what each covers—and crucially, what it doesn't—prevents dangerous gaps in your protection.

What Your Will Covers

Your will directs what happens after you die. It specifies who inherits your property, savings, investments, and personal possessions. It appoints guardians for minor children and names executors to manage your estate.

You can include funeral preferences in your will, though these aren't legally binding. Executors typically follow these wishes where possible.

What your will cannot cover: lifetime decisions, jointly-owned property that passes by survivorship, life insurance with named beneficiaries, or pension death benefits where trustees have discretion.

What Property & Financial Affairs LPA Covers

This LPA allows your attorney to manage money matters when you cannot. They can access bank accounts, pay bills and mortgages, manage investments, sell property, run rental properties, claim benefits, and deal with tax authorities.

Your attorney acts only when you lack capacity (or immediately if you've specified this in the LPA). They must follow the Mental Capacity Act principles and act in your best interests.

What this LPA cannot cover: medical treatment decisions, personal care choices, or any decisions after your death. The moment you die, your attorney's authority ends completely.

What Health & Welfare LPA Covers

This LPA allows your attorney to make medical and care decisions when you lack capacity. They can consent to medical treatment (except life-sustaining treatment unless explicitly authorized), decide on care home placement, make daily care choices, and determine who can visit you.

If you specifically grant this authority in the LPA, your attorney can also make decisions about life-sustaining treatment. Without this explicit authorization, they cannot.

What this LPA cannot cover: financial matters, decisions while you have capacity, or decisions after death.

What an Advance Decision Covers

An advance decision allows you to refuse specific medical treatments in advance. If you later lack capacity and face the situation you described, doctors must follow your refusal if the advance decision is valid and applicable.

Your refusal is legally binding on medical professionals for the treatments you've specified.

What an advance decision cannot cover: requesting treatments (doctors aren't obligated to provide treatments you request), financial decisions, broad statements like "no heroic measures" without specifying treatments, or euthanasia and assisted dying (illegal in UK).

Seeing How the Pieces Fit Together

Marie, 60, created an advance decision refusing CPR and mechanical ventilation. She also created a Health and Welfare LPA appointing her daughter, Sophie, to make other medical decisions.

When Marie had a serious stroke, doctors honored her advance decision and didn't attempt CPR. Sophie then used the LPA to decide on ongoing stroke rehabilitation, pain management, and whether Marie should move to a specialist care facility.

The advance decision covered Marie's "hard no" treatments. The LPA empowered Sophie to make all other medical choices. Neither document could help with Marie's finances—that would have required a Property & Financial Affairs LPA.

Think of these documents as puzzle pieces. Each covers different decisions at different times. Comprehensive protection means having all the pieces in place before you need them.

The Timeline: When Each Document Applies

Understanding when each document operates helps you see why you need multiple forms of protection.

Stage 1: While You Have Capacity (Now)

Right now, you make all decisions yourself. You can create your will, register your LPAs, and write an advance decision. These documents sit dormant, ready if needed.

This is the only time you can create LPAs. Once you lose capacity, it's too late. Courts must appoint a deputy instead—a process costing £365 in application fees plus £100 annual supervision, taking 6-12 months to complete.

Stage 2: If You Lose Capacity (Incapacity Event)

If you lose capacity to make some or all decisions, your registered LPAs activate. Your attorneys can immediately begin managing your finances (Property & Finance LPA) and making medical decisions (Health & Welfare LPA).

If a situation arises where you face a treatment covered by your advance decision, doctors must honor your refusal (assuming it's valid and applicable).

Your will remains dormant during this stage. It's not yet relevant—you're alive. Your will cannot help your family during incapacity, no matter how comprehensive it is.

Stage 3: After Death

When you die, your will activates. Your executor takes over, obtaining probate and distributing your estate according to your wishes.

Your LPAs automatically end the moment you die. Your attorneys no longer have any authority. They cannot access your accounts, make decisions about your assets, or take any action on your behalf.

Without a will, intestacy rules determine who inherits. Courts appoint an administrator to manage your estate—a process that adds delays and costs.

Following James Through All Three Stages

James, 52, had created both LPAs and a will. He collapsed with a brain hemorrhage at work one morning.

During weeks 1-8, while incapacitated in hospital, his wife used his Property & Financial Affairs LPA to pay their mortgage from his sole-name account, access savings for private medical care, and continue running his business. Without the LPA, she'd have had no legal authority—the business could have collapsed while she applied for deputyship.

In month 2, doctors discussed treatment options. James's wife used his Health & Welfare LPA to consent to intensive rehabilitation therapy. She could make these decisions immediately because the LPA was already registered.

By month 3, James had partially recovered capacity for some decisions but still needed help with complex financial matters. The Property & Finance LPA continued covering what he couldn't manage himself. LPAs are flexible—they work alongside recovering capacity, not instead of it.

Sadly, James died in month 6. The moment he died, his wife's LPA authority ended. His will took effect, appointing her as executor. She could now handle his estate administration—selling property, closing accounts, and distributing assets according to his will.

Without the LPAs, James's wife would have had zero authority during those critical 6 months of incapacity. Without the will, intestacy rules would have split his business 50/50 between his wife and his two children from a first marriage—potentially forcing a business sale neither wanted.

The Court of Protection received 321,302 LPA registrations in Q4 2024. But for families without LPAs, deputyship applications take months and cost significantly more. Planning ahead with all three documents means protection at every stage.

How LPAs and Advance Decisions Can Conflict

This is where many people get caught out. LPAs and advance decisions can contradict each other—and the law has specific rules about which document wins.

The Critical Legal Rule

Under the Mental Capacity Act 2005, Section 25, an advance decision is not valid if you have, under a lasting power of attorney created after the advance decision was made, conferred authority on your attorney to give or refuse consent to the treatment which the advance decision relates to.

In plain English: if you create an advance decision refusing a specific treatment, then later create a Health & Welfare LPA that gives your attorney authority over that same treatment decision, the LPA overrides the advance decision.

Why This Happens

The law assumes that your more recent document shows your current intent. If you created an LPA after making an advance decision, you've chosen to delegate that decision to your attorney rather than having it automatically governed by your written refusal.

A Real-World Example

Karen created an advance decision in 2019 refusing mechanical ventilation. She was firm—no machines breathing for her.

In 2023, she created a Health & Welfare LPA giving her son authority to make all treatment decisions, including life-sustaining treatment. Karen didn't think about the conflict. She just wanted comprehensive protection.

When Karen was hospitalized in 2024 with respiratory failure, doctors consulted her son, not her advance decision. The LPA, being the later document that covered the same treatment decision, had overridden the advance decision.

Karen's son knew his mother's wishes from conversations. He chose to follow what the advance decision would have directed—no mechanical ventilation. But legally, the decision was his to make, not automatically governed by the advance decision Karen had carefully written five years earlier.

When an LPA Does NOT Override an Advance Decision

The override rule only applies in specific circumstances. Your advance decision still stands if:

The LPA was created before the advance decision (the later advance decision shows more recent intent). The LPA doesn't cover the specific treatment mentioned in your advance decision (different decisions, no conflict). The LPA is a Property & Financial Affairs LPA only (wrong type—advance decisions are medical, not financial).

How to Avoid Conflicts

Preventing contradictions requires careful coordination when creating or updating documents.

Create both documents at the same time with professional guidance. If they're created together, you can ensure they complement rather than contradict each other.

If you already have an advance decision, your Health & Welfare LPA should either reference the advance decision and confirm your attorney should respect it, or explicitly exclude the specific treatments covered by your advance decision.

Review both documents together whenever you update either. If you revise your advance decision, check your LPA. If you replace an LPA, check your advance decision.

Date both documents clearly. In case of conflict, the later document typically prevails for the same decisions.

Tell your attorneys about your advance decision. Even if the LPA gives them authority, they should know your preferences and the reasoning behind your treatment refusals.

The conflict rule isn't a flaw—it's a feature allowing you to change your mind as circumstances change. But it requires awareness and coordination to ensure your documents express your actual current wishes.

Creating Documents That Work in Harmony

Having all three documents isn't enough. They must work together as a coordinated system.

Principle 1: Align Your Decision-Makers

Consider appointing the same trusted person as executor in your will, attorney in your LPAs, and telling them about your advance decision. This creates seamless continuity across different scenarios.

Sarah appointed her brother Mark as executor in her will and attorney in both LPAs. When Sarah was later diagnosed with dementia at 62, Mark used the Property & Financial Affairs LPA to manage her care home fees, sell her house to fund care, and handle all financial matters.

After Sarah died at 68, Mark continued as executor. He already knew her assets, debts, and wishes. He completed probate efficiently and distributed her estate to her three children. Having one trusted person across all documents created seamless continuity from incapacity through death.

If you choose different people for different roles, make sure they know about each other and can coordinate. Your executor should know who your attorneys are. Your Health & Welfare attorney should know about your advance decision.

Principle 2: Use Consistent Language and Preferences

If your advance decision refuses life-sustaining treatment, your Health & Welfare LPA attorney needs to know this preference. Consider adding guidance in your LPA explaining your values and what matters to you.

If your will leaves assets to children equally, think about whether your LPAs should name them as replacement attorneys (in case your first-choice attorney cannot act). Consistency across documents prevents confusion.

Keep written notes about your wishes to supplement legal documents. A letter explaining why you've chosen specific attorneys, what you value, and how you'd want decisions made gives your family additional guidance beyond the formal legal documents.

Principle 3: Date Everything and Update Together

Always date legal documents clearly with day, month, and year. In case of conflicts, dates show which document is more recent.

When you update one document, review all others for consistency. Marriage, divorce, births, and major asset changes should trigger a review of your entire estate planning system—not just one document.

Keep a master list of all your legal documents, their dates, and where they're stored. Update this list whenever you create or revise any document.

Principle 4: Store Documents Accessibly

Tell your executor where your will is stored. They'll need to find it to apply for probate.

Give your attorneys copies of registered LPAs. The Office of the Public Guardian provides certified copies when they register your LPA. Your attorneys need these to prove their authority when acting on your behalf.

Give your GP a copy of your advance decision. Tell your Health & Welfare attorney it exists and where to find it. In a medical emergency, doctors need to know about your treatment refusals.

Consider creating a folder labeled "If Something Happens to Me" with document locations, contact details for attorneys and executors, and important information your family will need.

Principle 5: Seek Professional Review for Complex Situations

Some situations require solicitor guidance to ensure documents work together properly.

Consult a solicitor specializing in wills and estate planning if you have blended families with children from multiple relationships, business ownership or complex partnership arrangements, overseas property, disabled dependents requiring special trusts, significant inheritance tax exposure (estates over £325,000 or £500,000 with residence nil-rate band), or family members who might challenge your documents.

Complex situations increase the risk of conflicts between documents. Professional review ensures everything coordinates correctly before problems arise.

Creating documents separately over time is perfectly fine. But review them together regularly to ensure they work as a coordinated system, not contradictory pieces.

Which Documents Do You Need First?

If you feel overwhelmed by comprehensive planning, start with the foundation and build progressively.

Tier 1: Will (Start Here)

A will is the essential first step for anyone with dependents, assets, or specific inheritance wishes.

You need a will most urgently if you have minor children (guardianship appointments are critical), you're in an unmarried relationship (intestacy rules exclude partners completely), you own property, savings, or investments worth protecting, or you want control over who inherits rather than accepting government-decided intestacy rules.

A will costs as little as £99.99 online and can be completed in 15 minutes. It provides immediate protection for asset distribution and guardian appointments. There's no registration delay—your will is valid as soon as it's properly signed and witnessed.

56% of UK adults lack wills—including 53% of those aged 50-64. Creating a will should be everyone's first estate planning priority.

Tier 2: Lasting Powers of Attorney (Add Immediately After Will)

Once you've created your will, register your LPAs without delay. The 8-12 week registration period means you need to plan ahead.

You need LPAs urgently if you're over 50 (dementia and incapacity risk increases with age), you have complex finances or own a business (someone needs authority to keep things running if you can't), you're the sole bill-payer in your relationship (your partner needs access to accounts), or you face medical risk (serious illness, planned surgery, high-risk activities).

LPAs cost £92 per type (£184 for both Property & Finance and Health & Welfare). This is the total cost—there are no solicitor fees unless you choose to use one.

Remember: you cannot create an LPA after losing capacity. It must be done now, while you can make decisions. Waiting until you need one is too late.

In 2024-25, the OPG processed 1.37 million LPA applications, and over 50,000 were rejected for errors. The high rejection rate highlights why careful completion matters—and why starting early allows time to fix problems if your application is returned.

Tier 3: Advance Decision (Add If You Have Strong Treatment Preferences)

Advance decisions aren't for everyone. Many people are comfortable letting their Health & Welfare LPA attorney make treatment decisions based on what seems best at the time.

But if you have specific treatments you definitely want to refuse—CPR, mechanical ventilation, artificial nutrition, or others—an advance decision makes your refusal legally binding.

Consider an advance decision if you have strong preferences about life-sustaining treatment, you've seen family members face difficult end-of-life decisions and want to provide clarity for your own family, or you have a serious medical condition and want control over future treatment choices.

Advance decisions are free to create and require no registration. However, they must meet legal requirements to be valid—written, signed, and witnessed for life-sustaining treatment refusals, with clear descriptions of the treatments you're refusing.

The Ideal Timeline for Comprehensive Protection

Week 1-2: Create and complete your will (15 minutes online with WUHLD, £99.99).

Week 3-4: Create and register both LPAs (Property & Financial Affairs plus Health & Welfare, £184 total for OPG registration).

Week 5-6: If desired, create your advance decision and give copies to your GP, attorney, and family.

Week 16-18: LPAs fully registered and active (allowing for 8-12 week processing time).

Total upfront investment: £283.99 for comprehensive lifetime and after-death protection. This costs less than a single solicitor will appointment (typically £650 or more) and provides far more comprehensive coverage.

If budget requires choosing one document at a time, start with a will—but aim to complete all three within six months. The gap between creating documents leaves your family vulnerable during that time.

Common Mistakes That Create Gaps or Contradictions

Learning from others' mistakes helps you avoid them.

Mistake 1: Creating a Will But No LPAs

Your will provides zero protection during lifetime incapacity. Family faces Court of Protection deputyship applications—6-12 months and £365 in application fees plus ongoing supervision costs—to manage your affairs when speed matters most.

Tom, 48, had a comprehensive £500 solicitor will but no LPAs. After a cycling accident left him in a coma, his wife couldn't access his sole-name business account to pay staff wages. The business nearly collapsed while she spent eight months applying for deputyship. Tom's expensive will sat useless during the crisis when his family needed protection most.

Mistake 2: Creating Documents at Different Times Without Review

Earlier documents may contradict later ones, creating legal uncertainty about which instruction prevails.

Linda created an advance decision in 2015 refusing mechanical ventilation. In 2022, she created a Health & Welfare LPA for her daughter but forgot about the seven-year-old advance decision. Her LPA granted her daughter authority over life-sustaining treatment—unknowingly overriding the 2015 advance decision Linda still believed was in effect.

Mistake 3: Not Telling Anyone About Your Documents

Family doesn't know documents exist or where to find them. Doctors can't honor advance decisions they don't know about. Attorneys can't act without LPA paperwork.

Peter created perfect estate planning documents but stored them in a safe deposit box without telling anyone the location or that the documents existed. When he had a stroke at 59, his family applied for deputyship—never knowing he'd already created LPAs. The LPAs were discovered months later during estate administration after Peter died. His careful planning was wasted.

Mistake 4: Assuming a Will Covers Everything

Wills cannot override property law. Jointly-owned property passes by survivorship rules, not your will. Pensions and life insurance follow beneficiary nominations, not will instructions.

Alex left everything in his will to his partner Sam. But Alex's house was owned as joint tenants with his sister from when they co-purchased as an investment years earlier. His £200,000 pension went to his ex-wife who was still named as beneficiary. His will only controlled his savings (£15,000). Sam received far less than Alex intended because Alex assumed his will covered everything.

Mistake 5: Choosing Unsuitable Attorneys or Executors

Attorneys who make poor decisions during your incapacity, or executors who struggle with estate administration after your death, undermine even perfect documents.

Red flags include someone with poor financial management (risky for Property & Finance LPA or executor role), someone who lives abroad (difficult to act quickly in emergencies), someone much older or in poor health (may predecease you or become unable to act), or multiple appointees who don't get along (creates conflict during stressful situations).

Choose people who are trustworthy, organized, and capable of handling the specific responsibilities you're giving them.

Mistake 6: Not Updating After Life Changes

Documents that name people you've divorced, don't include new children, leave assets to people who've died, or don't reflect changed circumstances create confusion and potential disputes.

Marriage automatically revokes previous wills in England and Wales under the Wills Act 1837. Divorce should trigger updates to LPAs (removing an ex-spouse as attorney) and will revisions. Births require guardian appointments and updated inheritance provisions. Deaths of appointed attorneys or executors mean you need replacement appointments. Significant asset changes may require different distribution plans.

According to research, 67% of UK adults either have no will or have an outdated one that doesn't reflect current circumstances. Regular reviews keep your documents relevant and effective.

Creating documents is only step one. Coordinating them, storing them accessibly, and updating them regularly completes comprehensive protection.

Keeping Your Documents Aligned Over Time

Estate planning isn't a one-time task. Ongoing maintenance keeps your protection effective as life changes.

The 3-5 Year Review Schedule

Every three to five years, conduct a comprehensive review even if circumstances haven't changed. Laws change, people's situations evolve, and documents may need updating.

Set a reminder for January every three years. Schedule an hour to review all documents together. Check that people named are still appropriate, circumstances haven't changed significantly, and documents still reflect your wishes.

The Life Event Trigger List

Certain life changes should trigger immediate document review regardless of how recently you last reviewed.

Review immediately after marriage or civil partnership (marriage automatically revokes previous wills), divorce or separation (update attorney and executor appointments and asset distribution), birth or adoption of children (add guardianship appointments and update inheritance provisions), death of named executor, attorney, or beneficiary (appoint replacements before you need them), significant asset changes (inherited money, property purchase or sale, business sale), moving abroad (you may need documents valid in your new jurisdiction), serious diagnosis for you or a named attorney or executor (consider whether they can still act), relationship breakdown with appointed attorney or executor, or changes in beneficiaries' financial circumstances (you may want to adjust distributions).

The Document Alignment Checklist

Review these questions together every time you update any document.

For your will: Are executors still alive, willing, and capable? Do guardian appointments reflect current wishes and relationships? Does asset distribution match current circumstances? Are beneficiaries correctly named with current details?

For your LPAs: Are attorneys still alive, willing, and capable? Have you named replacement attorneys if first choices cannot act? Do financial circumstances require updated guidance for attorneys? Have you provided updated information about assets, debts, and account locations?

For your advance decision: Do your treatment preferences still reflect your wishes? Have you created a Health & Welfare LPA since making your advance decision (check for conflicts)? Does your GP have a current copy? Have you told your attorney about it?

For cross-document consistency: Are the same people named across documents, or do different people know about each other? Are documents dated clearly showing which is most recent? Do family members know where all documents are stored? Have you provided copies to relevant people (attorneys get LPA copies, GP gets advance decision)?

Document Storage Best Practices

Proper storage ensures documents are found when needed.

Store your will original safely—fireproof safe at home, solicitor storage, or the National Will Register. Tell your executor exactly where it is. The OPG keeps original registered LPA copies. Request certified copies for your attorneys (they need these to prove their authority when acting). Give copies of your advance decision to your GP, your Health & Welfare attorney, and close family. Keep the original with your will. Create a master list of all legal documents, where they're stored, and who has copies. Keep this list somewhere your family knows to look.

When to Consult a Solicitor

Some situations require professional review to ensure documents work together properly.

Seek solicitor advice for complex family situations (blended families, estranged relatives, disabled dependents), business ownership or partnership arrangements, overseas property or assets, inheritance tax planning needs (estates over £325,000 or £500,000 with property going to children), potential document challenges (you expect someone to contest your will), or conflicts between documents you can't resolve yourself.

The Annual Five-Minute Check-In

Every January, spend five minutes asking yourself: Are all people named in my documents still alive and willing to act? Have I had any major life changes in the past year? Do I know where all my documents are stored? Have relevant people been told about any updates?

If you answer no to any question, schedule a full document review within the next month.

Estate planning isn't "create once and forget." Regular reviews ensure your documents remain aligned with your life and continue working together effectively when your family needs them.

Frequently Asked Questions

Q: Do I need both a will and an LPA?

A: Yes, you need both. A will only takes effect after death, directing who inherits your assets and appointing guardians for children. An LPA operates during your lifetime if you lose mental capacity, allowing your chosen attorney to manage your finances or make health decisions. They cover completely different scenarios and work together for comprehensive protection.

Q: Can my LPA override my advance decision (living will)?

A: Yes, but only in specific circumstances. Under the Mental Capacity Act 2005, if you create a Health and Welfare LPA after making an advance decision, and the LPA grants your attorney authority over the same treatment decision, the later LPA overrides the earlier advance decision. To avoid conflicts, review both documents together when making updates.

Q: What happens if my legal documents contradict each other?

A: Contradictions can create legal uncertainty and delays when your family needs to act. Generally, later documents override earlier ones if they cover the same decisions. This is why it's essential to review all documents together when making changes, ensure they're dated clearly, and update them at the same time when your circumstances change.

Q: Which legal documents do I need first?

A: Start with a will if you have assets, dependents, or want to control what happens after death. Add LPAs next—they take 8-12 weeks to register, so don't delay. Consider an advance decision if you have strong preferences about life-sustaining treatment. Ideally, create all three together for comprehensive protection, but a will is the foundation most people need first.

Q: How often should I review my estate planning documents?

A: Review all documents together every 3-5 years, or immediately after major life changes: marriage, divorce, birth of children, significant asset changes, or if someone named in your documents dies or becomes unsuitable. The 2024-25 OPG data shows over 50,000 LPA applications were rejected for errors, highlighting why regular professional reviews matter.

Q: Can the same person be executor and attorney?

A: Yes, the same person can act as both executor (handling your estate after death) and attorney (managing affairs during incapacity). Many people choose the same trusted individual for both roles. However, ensure they understand the different responsibilities: attorneys act during your lifetime with your LPA, while executors act after death with your will.

Q: Do unmarried couples need all three documents?

A: Absolutely—unmarried couples need these documents more urgently than married couples. Under intestacy rules, unmarried partners inherit nothing, regardless of relationship length. Without an LPA, your partner cannot make decisions if you're incapacitated. All three documents (will, LPA, advance decision) are essential for protecting your partner's legal rights.

Conclusion

Comprehensive estate planning means understanding how different documents protect you at different times.

Key takeaways:

  • Wills, LPAs, and advance decisions cover different scenarios at different times. Your will operates after death; your LPAs and advance decision operate during lifetime incapacity. No single document protects you comprehensively across all situations.

  • Start with a will—it's the foundation most people need first. If you have dependents, assets, or want control over inheritance, a will is essential. Add LPAs next (they take 8-12 weeks to register), then consider an advance decision if you have strong treatment preferences.

  • Later documents can override earlier ones, so review everything together. When you update any document, check others for consistency. If you create a Health & Welfare LPA after an advance decision, you may unknowingly override your treatment refusals unless you coordinate them carefully.

  • Tell people about your documents and where they're stored. The best estate planning in the world is useless if no one knows it exists. Give your attorneys LPA copies, your GP a copy of your advance decision, and your executor information about where your will is kept.

  • Review every 3-5 years and after major life changes. Marriage, divorce, births, deaths, and significant asset changes all trigger the need for updates. Annual five-minute check-ins ensure nothing critical has changed without your attention.

Comprehensive estate planning isn't about pessimism—it's about protection and clarity. When David had his stroke, Emma faced legal limbo because they'd only planned for death, not incapacity. You have the power to spare your family that uncertainty. Creating documents that work together means your loved ones have clear legal authority when you need them to act, whether that's during a crisis you recover from or after you're gone. That clarity is the greatest gift you can give them.

Need Help with Your Will?

Understanding how legal documents work together is the first step toward comprehensive protection. Creating your will is the foundation—and it's simpler and more affordable than you might think.

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.

Sources: