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Will vs LPA vs Living Will: Which Do You Need?

· 14 min

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

Emma, 42, thought her husband Michael could automatically manage their finances if something happened to her. When she had a stroke that left her unable to communicate for three months, Michael discovered he couldn't access her bank accounts, sell their joint property to fund her care, or make decisions about her medical treatment.

Their bank accounts had £45,000 in savings he couldn't touch. Emma's elderly mother controlled medical decisions by default because they weren't married when Emma was born. Michael had to spend £800 and wait 12 weeks to apply for a Court of Protection deputyship order while bills piled up.

Emma had a will, but it was useless while she was alive.

80% of British adults mistakenly believe their loved ones can simply take over if they lose capacity, yet only 1 in 5 adults have set up an LPA. Most people assume a will covers everything, but it only takes effect when you die. Without the right documents for your lifetime, your family faces legal barriers, court applications, and financial paralysis during your most vulnerable moments.

This article explains the three core legal documents—will, Lasting Power of Attorney (LPA), and living will—in plain English, showing exactly what each does, when they take effect, and which ones you actually need.

Table of Contents

The Three Documents Explained: What Each One Actually Does

Understanding the difference between a will, Lasting Power of Attorney, and living will starts with one simple truth: they protect you at completely different times in your life.

A will is a legal document that dictates how your estate—property, money, possessions—is distributed after you die. It names an executor to carry out your wishes and guardians for any minor children. It only takes effect upon your death and can be changed anytime during your lifetime. A will does nothing to protect you while you're alive.

A Lasting Power of Attorney (LPA) is a legal document that appoints one or more people (attorneys) to make decisions on your behalf if you lose mental capacity during your lifetime. Created under the Mental Capacity Act 2005, there are two types: Property & Financial Affairs LPA (manages money, property, bills) and Health & Welfare LPA (medical treatment, care decisions). An LPA ends the moment you die.

A living will—legally known as an Advance Decision to Refuse Treatment (ADRT)—is a document that specifies which medical treatments you want to refuse if you lose capacity to communicate those decisions. It's legally binding under the Mental Capacity Act 2005 if properly drafted. Critically, it can only refuse treatment, not request specific treatments.

In 2024, 1,370,000 LPA applications were processed in the UK, yet confusion about what they do remains widespread. Many people create a will and assume they're fully protected, only to discover their family has no legal authority if they lose capacity while alive.

Will vs LPA vs Living Will: Key Differences at a Glance

The biggest confusion people face is thinking these documents overlap. They don't. Here's how they differ:

Feature Will Property & Financial LPA Health & Welfare LPA Living Will
Takes effect After your death Immediately OR when you lose capacity (your choice) Only when you lose capacity When you lose capacity
Ends Never (unless revoked) When you die When you die When you die or revoke it
Who controls Executor (after death) Attorney(s) you appoint Attorney(s) you appoint You (in advance)
Covers Estate distribution, guardians Finances, property, bills Medical treatment, care decisions REFUSAL of specific medical treatments only
Registration Not required (but recommended) MUST register with OPG MUST register with OPG No registration
Cost £99.99 (WUHLD) to £650+ (solicitor) £92 registration fee + creation cost £92 registration fee + creation cost No fee (unless using solicitor)

The key insight: A will and an LPA don't overlap—they protect you at different times. Your will protects your beneficiaries after you die. Your LPA protects you while you're alive but incapacitated.

David, 58, had a comprehensive will leaving everything to his wife and children. When he developed early-onset dementia, his wife couldn't access his business accounts or sell assets to fund his care because the will was legally useless. She needed an LPA—but it was too late to create one because David no longer had mental capacity.

She had to apply for a Court of Protection deputyship at a cost of £365 application fee plus £2,200 in legal fees, waiting 6 months for authority. An LPA created while David still had capacity would have cost £92 and prevented everything.

When Each Document Takes Effect (And Ends)

The timing confusion blocks more people from taking action than anything else. Here's exactly when each document starts working and when it stops.

Will Timeline:

A will is created anytime while you have capacity. It's not active during your lifetime—you can change it freely. The moment you die, it takes effect. It never ends unless revoked or replaced.

If you lose capacity while alive, your will sits dormant. It provides zero protection or authority to anyone.

Property & Financial Affairs LPA Timeline:

You create it anytime while you have capacity (age 18+). You must register it with the Office of the Public Guardian before use—this takes 8-10 weeks currently. You choose when it becomes active: either immediately upon registration or only when you lose capacity.

It takes effect according to your instructions. It ends the moment you die—attorney authority ceases immediately.

Health & Welfare LPA Timeline:

You create it anytime while you have capacity. You must register it with the OPG before use. It can only be used when you lose capacity—never before.

It takes effect when doctors certify you lack capacity to make healthcare decisions. It ends the moment you die.

Living Will Timeline:

You create it anytime while you have capacity (age 18+). It becomes active when you lose capacity to communicate treatment decisions. It takes effect when specific medical circumstances you've outlined occur and you lack capacity. It ends when you die, regain capacity, or revoke it.

You cannot create an LPA after you lose capacity. If you wait until you "need" it, it's too late. This is why 133,760 LPA applications were rejected in 2024—many involved donors who no longer had capacity.

Sophie, 68, was diagnosed with early Alzheimer's. Her daughter urged her to create an LPA immediately. Within 18 months, Sophie's capacity declined enough that she could no longer legally sign an LPA. If she'd waited another year, her family would have needed to apply for Court of Protection deputyship, costing £365+ and taking 6+ months.

Why a Will Isn't Enough: What Happens If You Lose Capacity

Here's the dangerous misconception that puts thousands of families in crisis every year: 80% of British adults believe their spouse, children, or parents can automatically make decisions for them if they lose capacity. This is false.

Without an LPA, even your spouse of 40 years has zero legal authority to access your bank accounts, sell your property, or make medical decisions.

Financial Paralysis Without an LPA:

Bank accounts freeze—banks cannot release funds to family members. Bills go unpaid because direct debits may fail if account access is restricted. Property cannot be sold to fund care.

Benefits and pensions may stop if no one can manage claims. Business operations halt if you're a sole trader or director.

Healthcare Decision Vacuum:

Doctors make decisions based on "best interests"—their clinical judgment. Family can provide input but has no legal authority. Disagreements between family members can lead to court involvement. Urgent decisions may be made without family consultation.

The Court of Protection Solution (Expensive and Slow):

Without an LPA, your family must apply to the Court of Protection for a deputyship order. Application fee: £365+. Legal costs: £1,500-3,000+ if using a solicitor. Timeline: 6-12 months for approval.

Annual supervision: Deputies must submit annual reports to OPG. Restricted authority: Deputies have less flexibility than attorneys under LPAs.

Deputyship is the legal system's expensive backup plan when you failed to create an LPA in time.

Real-Life Cost Comparison:

With LPA: £92 registration per LPA (£184 for both types) + creation cost (£120-354 depending on provider) = £304-538 total.

Without LPA (Deputyship Route): £365 application fee + £1,500-3,000 legal fees + annual supervision = £2,000-4,000+ initial cost plus ongoing costs.

Robert, 55, had a severe stroke. His wife Jane needed to access his sole trader business account (£80,000) to pay suppliers and staff. The bank refused without an LPA. Jane had to apply for deputyship, costing £2,200 in legal fees and taking 9 months.

By the time she gained access, the business had collapsed, suppliers sued, and three employees left. An LPA would have cost £92 and prevented everything.

A will protects your family after you die. An LPA protects your family—and you—while you're alive but incapacitated. You need both.

Do You Need All Three? Guidance by Life Stage and Circumstance

The answer isn't one-size-fits-all. Here's exactly which documents you need based on your circumstances.

Young Adults (20s-30s, No Dependents, Limited Assets):

Essential: Will (names beneficiaries, avoids intestacy). Recommended: Property & Financial Affairs LPA (protects against accidents, sudden illness). Optional: Health & Welfare LPA (if you have strong medical treatment preferences). Optional: Living Will (only if you have specific treatment refusal wishes).

Why: Even with limited assets, intestacy rules may not reflect your wishes. Cohabiting partners inherit nothing. An LPA protects against sudden incapacity from accidents.

Parents with Young Children (Any Age):

Essential: Will (names guardians for children—this alone makes it critical). Essential: Property & Financial Affairs LPA (protects family finances if you're incapacitated). Recommended: Health & Welfare LPA (ensures partner or trusted person makes medical decisions). Optional: Living Will (if you have specific end-of-life treatment preferences).

Why: Guardianship provisions only exist in wills. Without a will, the court decides who raises your children.

Mid-Life (40s-50s, Peak Earning Years, Significant Assets):

Essential: Will (protects estate, especially if you have property, investments, or business interests). Essential: Both LPAs (Property & Financial Affairs plus Health & Welfare). Recommended: Living Will (if you have strong preferences about life-sustaining treatment).

Why: This is when sudden health events—stroke, heart attack, serious accidents—become more common. You likely have complex finances, property, and dependents relying on you.

Pre-Retirement and Older Adults (55+):

Essential: All three—Will plus both LPAs plus Living Will.

Why: Risk of dementia, stroke, and serious illness increases significantly. Over 1 million people in the UK live with dementia. Without these documents, families face care funding crises and medical decision paralysis.

Unmarried Couples (Any Age):

Essential: Will (cohabiting partners inherit nothing under intestacy rules). Essential: Both LPAs (without marriage, partners have no automatic authority). Recommended: Living Will (ensures partner isn't excluded from medical decisions).

Why: Unmarried partners are legally strangers. Without a will, your estate goes to blood relatives. Without an LPA, your partner can't make decisions even after decades together.

Business Owners and Self-Employed:

Essential: Will (includes business succession provisions). Essential: Property & Financial Affairs LPA (allows attorney to manage business operations if you're incapacitated). Recommended: Health & Welfare LPA. Optional: Living Will.

Why: Without an LPA, your business can collapse if you're incapacitated. Suppliers can't be paid, employees can't be managed, contracts can't be signed.

People with Serious Medical Conditions:

Essential: All three—Will plus both LPAs plus Living Will.

Why: If you have a progressive condition (dementia, Parkinson's, MS, terminal illness), you must create LPAs while you still have capacity. Living wills are particularly important for specifying end-of-life treatment refusals.

The Baseline Recommendation:

At minimum, every adult over 18 should have a will and a Property & Financial Affairs LPA. These are the two documents that prevent the most common crises: intestacy (if you die without a will) and financial paralysis (if you lose capacity without an LPA).

Living Will vs Health & Welfare LPA: Which Takes Priority?

This question confuses people most. Can you have both? Do they conflict? Which one wins?

Here's the truth: A living will and a Health & Welfare LPA serve different purposes and can work together—if you set them up correctly.

Feature Living Will (Advance Decision) Health & Welfare LPA
What it does YOU refuse specific treatments in advance YOUR ATTORNEY makes healthcare decisions for you
Scope Can ONLY refuse treatment (not request) Attorney can consent to OR refuse treatment
Flexibility Inflexible—only applies to treatments you specifically listed Flexible—attorney adapts to circumstances
Life-sustaining treatment Must be in writing, signed, witnessed Attorney can decide IF your LPA explicitly authorizes it
Priority Takes precedence if valid and applicable Secondary to a valid living will for treatment refusals

The Conflict Risk:

If you create a Health & Welfare LPA that gives your attorney authority to make decisions about life-sustaining treatment, and you later create a living will refusing specific life-sustaining treatments, the living will takes priority.

But if you create the LPA after the living will and the LPA permits the attorney to consent to life-sustaining treatment, the LPA may invalidate the living will unless your LPA explicitly states it doesn't override your advance decision.

How to Make Them Work Together:

Option 1: Living Will Only. Create a living will specifying treatment refusals. Don't create a Health & Welfare LPA, or limit the LPA to non-medical decisions (care home placement, daily care). Downside: Inflexible—only covers scenarios you anticipated.

Option 2: Health & Welfare LPA Only. Trust your attorney to make decisions in real-time based on your known wishes. Discuss your values and preferences with your attorney in advance. Downside: Attorney may face difficult decisions without clear guidance.

Option 3: Both (Properly Coordinated). Create a living will refusing specific treatments (e.g., "I refuse CPR if I have advanced dementia"). Create a Health & Welfare LPA with specific wording: "This LPA does not override or invalidate any advance decision to refuse treatment I have made." Give your attorney a copy of your living will. Upside: Combines clarity (living will) with flexibility (LPA for other decisions).

Legal Precedence Rule:

Under Section 25 of the Mental Capacity Act 2005, a valid and applicable advance decision to refuse treatment takes precedence over an attorney's authority under an LPA. If your living will clearly refuses a specific treatment and applies to the current situation, healthcare professionals must follow it, even if your attorney disagrees.

Order of Creation Matters:

If you create an LPA after a living will, and the LPA authorizes your attorney to make decisions about the same treatments your living will refuses, the LPA may invalidate the living will. To prevent this, include explicit wording in your LPA preserving your advance decision.

Recommended Wording for LPA:

"My attorney(s) must respect any valid advance decision to refuse treatment I have made. This LPA does not revoke or override any advance decision I have made or will make in the future."

Margaret, 70, created a living will refusing CPR and ventilation if she developed advanced dementia. Two years later, she created a Health & Welfare LPA naming her daughter but forgot to mention the living will.

When Margaret developed dementia and had a heart attack, her daughter (acting as attorney) consented to CPR. The doctors followed the daughter's decision because the LPA, created later, had implicitly overridden the living will. If Margaret's LPA had included wording preserving her advance decision, doctors would have honored her refusal of CPR.

If you want both documents, create and register your Health & Welfare LPA first, then create your living will. This ensures the living will (as the newer document) clearly takes priority for treatment refusals. And ensure your LPA includes wording that respects your advance decision.

Cost Comparison: What You'll Actually Pay for Each Document

Let's be clear about costs. Creating all three documents doesn't have to cost thousands.

Will:

Solicitor: £650-1,200+ for a straightforward will (couples pay £1,000-1,800 for mirror wills). WUHLD: £99.99 for a complete will plus 3 expert guides (Testator Guide, Witness Guide, Asset Inventory). Registration: No registration fee for wills in England and Wales. Savings with WUHLD: £550-1,100 vs. solicitor route.

Property & Financial Affairs LPA:

Creation (Solicitor): £300-600+ for drafting and guidance. Creation (Online Services): £120-200. Registration with OPG: £92 (as of November 2025, increased from £82). Fee Reductions: If donor's income is below £12,000/year or they receive certain means-tested benefits, fee may be reduced to £0. Total Cost: £212-692 depending on creation method.

Health & Welfare LPA:

Creation (Solicitor): £300-600+. Creation (Online Services): £120-200. Registration with OPG: £92. Total Cost: £212-692.

Living Will (Advance Decision):

Solicitor: £100-300 for drafting. Online Templates or Charities (e.g., Compassion in Dying): Free to £50. Registration: No registration fee. Total Cost: £0-300.

Total Cost for All Three Documents:

Route Will Property & Financial LPA Health & Welfare LPA Living Will TOTAL
All Solicitor £650 £692 £692 £100 £2,134
Mixed (WUHLD Will + Online LPAs + Free Living Will) £99.99 £212 £212 £0 £523.99
Savings - - - - £1,610 (75% cheaper)

If your annual income before tax is less than £12,000, or you receive certain means-tested benefits (Income Support, income-based Jobseeker's Allowance, income-related Employment and Support Allowance, Pension Credit, Universal Credit, Housing Benefit, Council Tax Reduction), you may qualify for a reduced LPA registration fee (£46) or complete fee waiver (£0).

Creating a will with WUHLD costs £99.99—less than 16% of the typical solicitor fee (£650+). You get your complete, legally valid will plus three expert guides. Preview your entire will free before paying anything—no credit card required.

Common Cost Mistakes:

Assuming you need a solicitor for everything—online will services like WUHLD cost 85% less for straightforward estates. Not factoring in LPA registration fees (£92 each, £184 total for both LPAs)—budget £200+ just for OPG registration. Paying solicitors to draft living wills when free templates from Compassion in Dying or Age UK work for most people.

Getting Started: Which Document to Create First

You know you need these documents. But where do you start? Here's the logical order.

Step 1: Create Your Will (Start Here)

Why First: Most immediate risk for most people (anyone can die unexpectedly). Least complex document to create. Most affordable (£99.99 with WUHLD vs. £650+ solicitor). No registration required—valid as soon as properly executed (signed and witnessed). If you have children, a will is the only way to name guardians.

How Long: 15-20 minutes with WUHLD's guided platform.

Step 2: Create Property & Financial Affairs LPA

Why Second: Protects your finances while alive (will doesn't). More commonly needed than Health & Welfare LPA. Can be used immediately or only if you lose capacity (your choice). Allows you to choose "immediate use" to test that it works while you have capacity.

How Long: 30-60 minutes to complete, 8-10 weeks to register with OPG.

Step 3: Create Health & Welfare LPA

Why Third: Only used if you lose capacity (not immediately useful like Property & Financial Affairs LPA). More emotionally complex (medical treatment decisions). Should be created at same time as Property & Financial Affairs LPA if possible (saves time).

How Long: 30-60 minutes to complete, 8-10 weeks to register.

Step 4: Create Living Will (If Needed)

Why Last: Only relevant if you have specific treatment refusal wishes. Requires understanding your Health & Welfare LPA first to avoid conflicts. Not needed by everyone (especially younger adults). Can be created quickly once you've thought through your wishes.

How Long: 30 minutes with a template or charity support.

Addressing Objections:

"I'm too young to worry about this" (20s-30s): Unexpected accidents, sudden illness, and undiagnosed conditions don't care about your age. You're never too young for a will if you have any assets, a partner you want to inherit from you, or preferences about your medical treatment. A 25-year-old without a will who dies in a car accident leaves their family facing intestacy laws and potential conflict.

"I'll do it later when I have time": Creating a will with WUHLD takes 15 minutes—less time than a TV episode. LPAs take 30-60 minutes. You'll spend more time procrastinating than actually creating them. And if you wait until you "need" an LPA (after you've lost capacity), it's legally impossible to create one.

"It's too expensive": A WUHLD will costs £99.99 (vs. £650+ for a solicitor). LPAs cost £92 each to register (£184 total), and you can use online services for £120-200 per LPA instead of paying solicitors £300-600+. The total cost for all documents is £500-700 using affordable routes vs. £2,000+ for all-solicitor. More importantly, not having these documents costs far more—Court of Protection deputyship costs £2,000-4,000+ if you don't have an LPA.

"I don't know who to choose as executor or attorney": Start with the will—choose someone you trust to follow your wishes (spouse, adult child, sibling, close friend). You can always update it later. For LPAs, choose someone financially responsible (Property & Financial Affairs) and someone who understands your values and medical wishes (Health & Welfare). They can be the same person or different people.

"What if I make a mistake?": With WUHLD, you preview your entire will free before paying anything. You can see exactly what it says, make unlimited changes, and only pay when you're completely satisfied. For LPAs, the OPG reviews your application and contacts you if there are errors (though corrections delay registration).

Action Steps:

Today: Create your will with WUHLD (15 minutes, £99.99, preview free). This Week: Research LPA attorneys and decide who you trust for financial and healthcare decisions. This Month: Complete and register both LPAs (budget £184 for registration fees plus creation costs). This Quarter: If relevant, create a living will specifying treatment refusals.

Common Mistakes People Make with These Documents

Even when people create these documents, common mistakes can invalidate them or create family conflict. Here's what to avoid.

Mistake 1: Creating a Will But No LPA (Thinking the Will Covers Everything)

Consequence: Family can't access your finances or make medical decisions if you lose capacity while alive. Will is legally useless until you die.

How to Avoid: Understand that a will equals death, LPA equals lifetime. Create both.

Peter, 62, had a comprehensive will leaving everything to his wife Linda. When Peter had a massive stroke, Linda couldn't access his bank accounts (£60,000 in savings), sell their holiday home to fund his care, or make medical decisions. Peter's will sat in a drawer, useless. Linda spent £2,500 on a Court of Protection deputyship application and waited 8 months for authority.

Mistake 2: Waiting Until You "Need" an LPA

Consequence: By the time you "need" an LPA (you've lost capacity), you can no longer legally create one. You must have mental capacity to sign an LPA.

How to Avoid: Create LPAs while healthy. You can't create them once you lose capacity.

133,760 LPA applications were rejected in England and Wales in 2024, often because donors no longer had capacity to sign.

Mistake 3: Not Registering Your LPA with the OPG

Consequence: An unregistered LPA cannot be used. Banks, medical providers, and institutions will not accept it.

How to Avoid: Register your LPA with the Office of the Public Guardian immediately after signing (£92 per LPA, 8-10 weeks processing).

Mistake 4: Creating a Living Will That Conflicts with Your Health & Welfare LPA

Consequence: Your living will may be invalidated if your LPA (created later) gives your attorney authority over the same medical decisions.

How to Avoid: Include explicit wording in your LPA: "This LPA does not override any advance decision to refuse treatment I have made."

Mistake 5: Choosing the Wrong Attorney (Someone Irresponsible or Financially Unreliable)

Consequence: Attorney mismanages your finances, makes decisions against your wishes, or fails to act when needed.

How to Avoid: Choose someone financially responsible, trustworthy, and willing to act. Consider appointing two attorneys to act jointly for financial decisions (requires both to agree, prevents unilateral bad decisions).

Red Flag Indicators: History of debt problems or bankruptcy (disqualifies them from Property & Financial Affairs LPA). Poor relationship with you or family members. Lives abroad (difficult to act as attorney). Same age or older than you (may lose capacity themselves).

Mistake 6: Not Telling Anyone Where Your Documents Are

Consequence: Family can't find your will, LPAs, or living will when needed. Documents are useless if no one knows they exist.

How to Avoid: Give your executor a copy of your will and tell them where the original is stored. Give your attorneys certified copies of registered LPAs. Tell your GP and family about your living will. Store documents in a safe, accessible location (not a safety deposit box, which may be inaccessible if you lose capacity).

Mistake 7: Never Updating Your Documents After Major Life Changes

Consequence: Your documents no longer reflect your wishes or circumstances (e.g., divorced spouse named as attorney, estranged child as beneficiary).

How to Avoid: Review and update after marriage or divorce (marriage revokes a will in England and Wales), birth or adoption of children, death of executor or attorney or beneficiary, significant change in assets (inheritance, property purchase, business sale), or relationship breakdown with named attorney.

Mistake 8: Assuming Your Spouse Can Automatically Make Decisions Without an LPA

Consequence: Even spouses have no automatic legal authority over finances or medical decisions. Banks and medical providers require an LPA or Court of Protection order.

How to Avoid: Create LPAs regardless of marital status. Spouses need LPAs just like everyone else.

Mistake 9: DIY Errors That Invalidate Your Will or LPA

Consequence: Document is rejected or invalid (e.g., beneficiary witnesses your will under Wills Act 1837 Section 15, making their gift void; attorney signs before donor on LPA form, invalidating it).

How to Avoid: Use guided services like WUHLD that prevent common errors, or pay for solicitor review if your situation is complex.

In 2024, 133,760 LPA applications were rejected, costing families an estimated £5 million in wasted registration fees, delays, and resubmission costs.

Mistake 10: Not Reading the Legal Disclaimer on Online Will Services

Consequence: Assuming online will covers complex estates (e.g., overseas property, business succession, trusts, agricultural property) when it doesn't.

How to Avoid: Use online services for straightforward estates. If you have complex assets, international property, business succession needs, or potential inheritance disputes, consult a specialist solicitor.

WUHLD is designed for straightforward estate planning. If your situation involves complex assets, international property, business succession, or potential disputes, we recommend seeking professional legal advice before proceeding.

Frequently Asked Questions

Q: What is the main difference between a will and a Lasting Power of Attorney?

A: A will only takes effect after your death and governs how your estate is distributed. A Lasting Power of Attorney (LPA) operates during your lifetime and allows someone to make decisions on your behalf if you lose mental capacity. You need both because a will doesn't protect you while you're alive, and an LPA ends the moment you die.

Q: Do I need a living will if I already have a Health and Welfare LPA?

A: You can have both, but they serve different purposes. A living will (advance decision) lets you refuse specific medical treatments in advance. A Health and Welfare LPA gives your attorney the power to make healthcare decisions for you. If properly worded, they can work together, but if the LPA permits decisions about life-sustaining treatment, it may override your living will.

Q: Can my family make decisions for me if I don't have an LPA?

A: No. Without an LPA, your family has no automatic legal authority to manage your finances or make healthcare decisions if you lose capacity, even spouses or children. They would need to apply to the Court of Protection for a deputyship order, which is expensive (£365+ application fee), time-consuming, and restrictive.

Q: How much does it cost to set up all three documents?

A: Each LPA costs £92 to register with the Office of the Public Guardian (OPG), so two LPAs cost £184. A will can cost £650+ through a solicitor or £99.99 through WUHLD. A living will has no registration fee but may cost £100-300 through a solicitor. Combined, traditional routes cost £1,000-1,500+, while online services offer more affordable options.

Q: Do these documents need to be updated?

A: Yes. Review your will after major life events (marriage, divorce, children, significant asset changes). Update your LPAs if your attorneys' circumstances change or you want to change your instructions. Review your living will every 3-5 years or after diagnosis of a serious condition to ensure it still reflects your wishes.

Q: Can one person be both my attorney and executor?

A: Yes, the same person can be your attorney (during your lifetime) and your executor (after your death). This is common when appointing a trusted family member or friend. However, their authority switches—the LPA ends when you die, and the executor's authority begins.

Q: What happens if I lose capacity without any of these documents?

A: Without an LPA, someone must apply to the Court of Protection for a deputyship order to manage your affairs—expensive and slow. Without a will, your estate is distributed according to intestacy rules, which may not reflect your wishes. Without a living will, doctors make treatment decisions based on clinical judgment and your perceived best interests.

Conclusion

Key takeaways:

  • A will, Lasting Power of Attorney (LPA), and living will serve completely different purposes and protect you at different times—you likely need at least two of the three
  • A will only takes effect when you die and does nothing to protect you if you lose capacity while alive
  • Without an LPA, your family has no legal authority to manage your finances or make medical decisions, even spouses and children—they'd need to apply for expensive Court of Protection deputyship
  • Most people need a will and a Property & Financial Affairs LPA at minimum; parents with children also need guardianship provisions in their will
  • Start with your will (most immediate risk, most affordable at £99.99 with WUHLD, no registration required), then create LPAs while you have capacity

Legal documents seem abstract until you need them. By then, it's often too late to create the ones that protect you during your lifetime. Fifteen minutes today to create your will, and an hour to set up your LPAs, prevents months of legal battles, frozen finances, and medical decision paralysis when your family is already struggling.

Need Help with Your Will?

Understanding the differences between these documents helps you make informed decisions about protecting yourself and your family during your lifetime and after death.

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.

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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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