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Do You Need Both a Will and an LPA? (UK Guide)

· 14 min

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

Emma, 42, had both a property and financial affairs LPA and a health and welfare LPA in place when she suffered a severe stroke. Her sister Rachel, named as attorney in both LPAs, immediately stepped in to manage Emma's mortgage payments, utility bills, and medical treatment decisions. Rachel could pay Emma's care home fees directly from her accounts and make crucial decisions about rehabilitation options.

When Emma died 18 months later, Rachel assumed she could continue managing the estate—after all, she'd been making every decision for Emma for over a year. But the moment Emma died, both LPAs became invalid. Because Emma never made a will, Rachel had no authority. Emma's £285,000 estate (including her flat and savings) passed under intestacy rules entirely to Emma's estranged father, whom she hadn't spoken to in 15 years.

Rachel, who had cared for Emma through her illness, inherited nothing.

Over 1.3 million people created LPAs in 2023/24, yet 56% of UK adults still don't have wills. This dangerous gap leaves families vulnerable at the worst possible time.

Table of Contents

Why You Can't Choose Between a Will and an LPA

Yes, you need both a will and a lasting power of attorney (LPA). These documents protect different life stages with zero overlap: a will controls what happens to your assets after you die, while an LPA lets trusted people make decisions during your lifetime if you lose mental capacity.

An LPA cannot replace a will, and a will cannot replace an LPA. They're complementary protections, not competing options.

The legal basis for this separation is clear. The Mental Capacity Act 2005 governs LPAs, which operate during your lifetime. The Wills Act 1837 governs wills, which take effect only after death. Neither law provides authority for the other document's purpose.

Asking whether you need both is like asking whether you need both car insurance and home insurance—they protect completely different risks. Your will protects your beneficiaries after death. Your LPA protects you during lifetime incapacity. The transition between these two life stages creates three distinct protection gaps: lifetime incapacity, death, and the handover moment between them.

Only 44% of UK adults have wills, and even fewer have LPAs. This leaves millions vulnerable to either Court of Protection costs during lifetime incapacity or intestacy rules after death.

James, 38, had a will leaving everything to his partner Claire, but no LPA. When he was in a coma after a car accident, Claire couldn't access his accounts to pay their mortgage—she had to apply for costly deputyship while he was alive. The will didn't help because James was still alive.

Sophie, 55, had both LPAs naming her daughter as attorney, but no will. When Sophie died, her daughter's attorney authority ended instantly. Sophie's estate passed under intestacy rules to her estranged ex-husband because they never formally divorced, not to her daughter who'd been managing her affairs.

When Each Document Becomes Active (and When They End)

Understanding when each document starts and stops is crucial to recognizing why you need both.

A Property & Financial Affairs LPA can be used immediately upon registration if you give permission, or only when you lose mental capacity if that's what you choose. A Health & Welfare LPA can only be used once you lose mental capacity, as defined under the Mental Capacity Act 2005.

Both LPAs automatically become invalid the moment you die. Your attorney's authority ends completely and immediately at death.

Your will takes effect only upon your death. The executor named in your will gains authority to manage your estate. The executor's role begins exactly where the attorney's role ends.

This creates a dangerous gap. In the minutes and hours after death, the LPA has ended but probate hasn't been granted yet. Your executor may not have immediate access to accounts or property until probate is complete, which typically takes 4-8 weeks.

Your attorney cannot "inherit" decision-making power after your death. The LPA authority ends completely, regardless of how well your attorney knew your wishes or how long they managed your affairs.

Michael's property LPA was registered and usable immediately. When he developed early-onset dementia at 52, his attorney (wife Sarah) could pay bills, sell their home to fund care, and manage investments. When Michael died at 58, Sarah's attorney authority ended.

Fortunately, Michael's will named Sarah as executor, allowing her to continue managing his estate. But there was a six-week gap between Michael's death and probate being granted where Sarah had no legal authority over the estate.

What Happens If You Have a Will But No LPA

Having a will without an LPA protects your family after death but leaves them completely exposed if you lose capacity during your lifetime.

The immediate crisis: bills continue arriving, mortgage payments become due, care home fees need paying, but no one can legally access your accounts—not your spouse, not your children, not your parents. No one has automatic authority without an LPA, regardless of their relationship to you.

Without an LPA, your family must apply to the Court of Protection for a deputyship order. This costs £408 in application fees plus a £100 assessment fee for new deputies. You'll also pay annual supervision fees of £35-100+ depending on your estate value, plus a security bond that varies based on estate size.

The timeline can take six months or more for court approval. The court chooses who becomes deputy—you don't get to decide.

During the waiting period, real consequences unfold. Mortgage payments get missed, potentially triggering repossession proceedings. Care home fees go unpaid, risking discharge. Utility bills accumulate, leading to service disconnection. You cannot sell property to fund care. Investment portfolios sit unmanaged, potentially losing value.

Many people mistakenly believe "my spouse can handle everything automatically." This is false. Marriage doesn't grant automatic authority over your finances or healthcare decisions if you lose capacity.

The cost comparison is stark: LPA registration costs £92. Deputyship costs £408+ in initial fees plus annual supervision costs, plus potential financial losses during the months-long waiting period.

David, 61, had a comprehensive will but no LPA. When he suffered a stroke leaving him without capacity, his wife Helen couldn't access their joint savings account (which required both signatures), pay the mortgage on their £340,000 home, or sell David's shares to fund rehabilitation. She spent £1,200 on deputyship fees and waited seven months for approval.

During that time, they nearly lost their home to mortgage arrears.

Margaret's son tried to withdraw £500 from her account to pay her care home fees after she developed dementia. The bank refused without an LPA or court order, even though he had her bank card and she was clearly unable to manage her affairs. The care home threatened discharge for non-payment while the family waited for Court of Protection approval.

What Happens If You Have an LPA But No Will

Having an LPA without a will protects you during lifetime incapacity but provides zero protection at death.

The moment you die, your LPA becomes invalid instantly. Your attorney's authority ends completely. At this point, intestacy rules take over if you haven't made a will. Your estate passes according to a fixed legal hierarchy under the Administration of Estates Act 1925.

In England and Wales, intestacy rules follow this pattern: if you're married or in a civil partnership with children, your spouse gets the first £322,000 plus personal possessions and 50% of the remainder. Your children split the other 50%.

Unmarried partners get nothing under intestacy rules—zero automatic rights, even after 30 years together. If you have no spouse or children, your estate goes to parents, then siblings, then more distant relatives. If no relatives can be found, your estate passes to the Crown (bona vacantia).

Why your attorney cannot help: even if they know exactly what you wanted, they have zero legal authority to influence intestacy distribution. The contradiction is painful—you trusted them with your life's most important decisions, but they can't ensure your wishes are followed at death.

There is one exception: attorneys can apply to the Court of Protection for a "statutory will" if you lack capacity. But this is expensive, time-consuming, and not guaranteed to be approved.

Lisa and Tom lived together for 22 years and owned a £280,000 flat together. Lisa named Tom as her attorney in both LPAs. When Lisa developed early-onset Alzheimer's at 53, Tom managed everything perfectly using the LPAs—paying bills, managing care, making medical decisions.

When Lisa died at 58, Tom assumed the flat and savings (£95,000) would be his. Instead, because Lisa had no will and they weren't married, 100% of Lisa's half of the estate (£185,000) passed to her estranged brother in Australia. Tom inherited nothing and had to buy out the brother's share or sell their home.

Robert, 68, never married and had no children. He'd been cared for by his niece Jennifer for 10 years and named her as attorney in his LPAs. When Robert died without a will, his estate passed to his 92-year-old mother (his nearest living relative), not to Jennifer who had dedicated a decade to his care.

The Critical Differences: Will vs LPA Side-by-Side

Understanding the precise differences between these documents removes confusion about why you need both.

Aspect Lasting Power of Attorney Will
When it takes effect During your lifetime (immediately or when you lose capacity, depending on type and donor choice) Only after your death
When it ends The moment you die Never expires once it takes effect
Who acts Attorney(s) you appoint Executor(s) you appoint
What they control Your property/finances and/or health/welfare decisions while you're alive Distribution of your estate after death
Can be used if you have capacity Property LPA: Yes, if you give permission. Health LPA: No Not applicable (you're alive)
Can be used after death No—automatically invalid Yes—this is when it activates
Legal basis Mental Capacity Act 2005 Wills Act 1837
Registration required Yes—must register with Office of the Public Guardian (£92 per LPA) No—just needs proper signing and witnessing
Cost to create £92 registration fee (or £0 with exemption) + optional legal fees £99.99 (WUHLD) to £650+ (solicitor)
Can it be changed Yes, but complex—usually better to create new LPA Yes, easily—just create new will (revokes previous)
Number needed Two types: Property/Financial + Health/Welfare One will (updated as needed)
Who can create it Anyone 18+ with mental capacity Anyone 18+ with mental capacity
Protects You during your lifetime Your beneficiaries after your death

These documents are complementary, not competing. The "overlap" that confuses people is that both involve appointing trusted people to act on your behalf. But the timing and scope are completely different.

You can appoint the same person as both attorney and executor—different roles with different powers. Neither document can override or change the other.

Patricia's property LPA allowed her attorney to sell her home to fund care while she had dementia. When Patricia died, the proceeds from that sale became part of her estate, distributed according to her will, not according to any instructions from the attorney.

Can You Appoint the Same Person as Attorney and Executor?

Yes, you can appoint the same person as both your LPA attorney and your will executor. Many people choose their most trusted person for both roles.

They're legally separate roles with different powers. As attorney, they act during your lifetime if you lose capacity, managing ongoing affairs and following your current needs and best interests. As executor, they act after your death, wrapping up your estate and distributing assets according to your will instructions.

The handover moment is clear: attorney authority ends, then executor authority begins. But executors cannot access accounts immediately after death—they must wait for probate grant, which usually takes 4-8 weeks. This creates a gap where no one has authority (the LPA has ended, probate hasn't been granted yet).

You might appoint different people in certain situations. Attorneys often need to live nearby for health decisions and property management. Executors can be distant—most work is done remotely. Attorney roles require immediate availability, while executor roles can wait a few months.

Different skill sets matter too. Attorneys need strong interpersonal skills for health decisions. Executors need organizational and financial skills for estate administration.

Claire appointed her daughter Emma as attorney for both LPAs and executor in her will. When Claire developed dementia at 70, Emma managed her care and finances using the LPA. When Claire died at 76, Emma's attorney role ended automatically, but she was already familiar with her mother's affairs and could step seamlessly into the executor role once probate was granted.

Robert took a different approach. He appointed his wife Sarah as Property & Financial Affairs attorney, his daughter (a doctor) as Health & Welfare attorney, and his son (an accountant) as executor. Each person brought different expertise to their specific role.

How Much Does It Cost to Set Up Both Documents?

Creating both a will and LPAs is far less expensive than most people assume—and dramatically cheaper than the cost of not having them.

For wills, WUHLD's online will costs £99.99 and includes your complete will plus three expert guides. Solicitor wills typically cost £650+ for straightforward estates and £1,500+ for complex estates with trusts. DIY will forms cost £20-40, but we don't recommend them due to high error risk.

For LPAs, the registration fee is £92 per LPA, which is mandatory. There are two types: Property & Financial Affairs and Health & Welfare. Creating both costs £184 in registration fees.

Fee exemptions bring the cost to £0 if you receive certain qualifying means-tested benefits (Universal Credit, Pension Credit, Income Support, and others) or earn under £12,000 per year. Fee reductions of 50% (£46 per LPA) apply if you receive certain other benefits.

For creation, you can use the government's online tool for free plus the £92 registration fee. Co-op Legal Services charges from £120 per LPA (including creation and registration). Solicitors typically charge £350+ per LPA. WUHLD doesn't currently offer LPA services.

Route Will Cost LPA Cost (both types) Total
WUHLD will + Gov LPA tool £99.99 £184 (or £0 with exemption) £283.99 (or £99.99)
Solicitor for both £650+ £700+ £1,350+
Budget: WUHLD + gov tool + exemption £99.99 £0 £99.99

The cost of not having these documents far exceeds the cost of creating them. Court deputyship costs £408 in application fees plus a £100 assessment fee plus £35-100 annual supervision fees plus a security bond. The process takes six months or more.

Intestacy consequences can't be quantified in advance but can mean wrong people inherit, family disputes, and unmarried partners completely disinherited.

Helen spent £1,200 on deputyship and nearly lost her £340,000 home while waiting for court approval after her husband's stroke. If they'd created an LPA for £92, she could have acted immediately.

Mark spent £1,350 with a solicitor for his will and two LPAs. His sister used WUHLD for her will (£99.99) and the gov.uk tool for her LPAs (£184). Both received legally valid documents, but his sister saved £1,066.

Janet receives Pension Credit, so she paid £0 for LPA registration. Combined with WUHLD's £99.99 will, she protected herself completely for under £100.

When to Create Each Document (Timing Matters)

Timing matters more for LPAs than most people realize. The paradox is cruel: by the time you "need" an LPA, it's too late to create one.

For wills, create one when you turn 18, have children, buy property, get married, or accumulate any assets worth protecting. The optimal timing is as soon as you have assets or dependents you care about. Wills aren't urgent because you can create or update them at any time as long as you have mental capacity.

Update your will when you marry (marriage automatically revokes previous wills), divorce, have children, experience major asset changes, or move between England, Wales, Scotland, or Northern Ireland.

For LPAs, you must have mental capacity to create one. This is the critical point: you cannot create an LPA after you've lost capacity. Loss of capacity can happen at any age through stroke, car accident, or sudden illness—not just in old age.

The registration timeline takes 8-10 weeks from application to registration, so plan ahead. Over 1.3 million LPA applications were made in 2023/24, but many contained errors that caused delays or rejections.

Create both documents at the same time. It's the most efficient approach—you make all your decisions in one planning session, appoint the same trusted people if desired, and complete your future protection in one go. Many people create a will first, then forget about LPAs until it's too late.

Age-specific guidance helps clarify timing. In your 20s and 30s, your will is the primary focus (especially when you have your first child), but consider an LPA if you're buying property or building wealth. In your 40s and 50s, both documents are essential—health risks increase but you still have decades ahead.

In your 60s and beyond, creating both is urgent if you haven't already. Mental capacity could be questioned at any time. If you've been diagnosed with dementia or a degenerative condition, create an LPA immediately while you still have capacity.

Sarah, 29, created a will when her daughter was born but didn't think about LPAs. At 34, she had a stroke that left her without capacity. Her partner couldn't access their savings to pay for private rehabilitation. If Sarah had created LPAs at 29 alongside her will, her partner could have acted immediately.

Tom's father showed early signs of dementia at 68. The family created LPAs immediately. By 70, he would have lacked the capacity to create them. Those two years made the difference between protection and a £408+ deputyship application.

The Mitchell family's LPA application was rejected because the witness was actually a beneficiary of the will (not allowed). By the time they reapplied correctly, their mother's dementia had progressed and the GP questioned whether she still had capacity. They narrowly avoided losing the ability to create the LPA altogether.

FAQ: Your Will and LPA Questions Answered

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

A: Yes, you need both. A will controls what happens to your assets after you die, while an LPA lets trusted people make decisions for you during your lifetime if you lose mental capacity. An LPA automatically ends when you die, so it cannot replace a will. Without both documents, you leave gaps in your protection.

Q: What's the main difference between a will and a lasting power of attorney?

A: A will takes effect only after your death and determines who inherits your estate. A lasting power of attorney operates during your lifetime and allows attorneys to make financial or health decisions if you lose mental capacity. The LPA ceases to be valid the moment you die, at which point your will takes over.

Q: Can my LPA attorney manage my estate after I die?

A: No. An LPA automatically ends when you die, and your attorney has no legal authority to manage your affairs after death. At that point, the executor named in your will takes over. If you don't have a will, your attorney cannot act, and your estate passes according to intestacy rules.

Q: What happens if I have an LPA but no will?

A: If you die without a will, your LPA becomes invalid and your estate passes under intestacy rules. These rules follow a strict legal hierarchy that may not reflect your wishes. Your LPA attorney has no authority after your death, regardless of how well they knew your intentions during your lifetime.

Q: Can I appoint the same person as my attorney and executor?

A: Yes, you can appoint the same person as both your LPA attorney and your will executor. However, they are legally separate roles with different powers and responsibilities. As attorney, they act during your lifetime if you lose capacity. As executor, they manage your estate after your death.

Q: How much does it cost to set up both a will and an LPA?

A: A will through WUHLD costs £99.99. Each LPA costs £92 to register with the Office of the Public Guardian (reduced to £0 if you receive certain benefits or earn under £12,000 annually). Creating both LPAs (property/financial and health/welfare) plus a will typically costs around £280-300 total including registration fees.

Q: What happens if I lose mental capacity without an LPA?

A: Without an LPA, your family must apply to the Court of Protection for a deputyship order, costing at least £408 in application fees plus ongoing supervision fees. The process takes months, during which no one can legally access your accounts or make decisions. With an LPA already registered, your attorney can act immediately.

Q: Can I create an LPA after I make my will?

A: Yes, you can create an LPA at any time after making your will, as long as you still have mental capacity. However, it's more efficient to create both documents at the same time during a single planning session. The LPA and will don't affect each other—they're completely independent documents.

Q: Does my will mention my LPA or vice versa?

A: No. Your will and LPA are separate legal documents that don't reference each other. Your will appoints executors and states who inherits your estate. Your LPA appoints attorneys and grants them decision-making powers during your lifetime. They operate independently.

Q: If I'm married, does my spouse automatically become my attorney?

A: No. Marriage does not give your spouse automatic authority to make decisions for you if you lose mental capacity. Without an LPA, your spouse would need to apply to the Court of Protection for a deputyship order, even after decades of marriage. You must explicitly appoint your spouse as attorney in an LPA.

Conclusion

Key takeaways:

  • Create both documents—they protect different life stages. A will safeguards your family after death. An LPA protects you during lifetime incapacity. One cannot replace the other.
  • Don't wait until you're "old." Loss of capacity can happen at any age through accidents or sudden illness. You must have capacity to create an LPA, so do it now while you can.
  • The cost is minimal compared to the protection. £280-300 for complete protection versus £408+ for emergency deputyship plus potential intestacy disasters.
  • Appoint the same person if you want. You can name the same trusted person as both LPA attorney and will executor—they're separate roles with different powers.
  • Act on both at once. Create your will and LPA in the same planning session to ensure complete protection without gaps.

The peace of mind that comes from knowing you're protected during your lifetime and your family is protected after your death is invaluable. Neither document can do the job alone—they work as a team to ensure your wishes are honored and your loved ones aren't left navigating legal chaos during already difficult times. You've worked hard to build your life and protect your family. These two documents ensure that protection continues no matter what happens.

Need Help with Your Will?

Understanding the difference between a will and an LPA is the first step toward complete protection. While you'll need to create your LPA separately through the government's online service or a solicitor, WUHLD makes creating your will straightforward and affordable.

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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