Will and Lasting Power of Attorney: Why You Need Both

In short: A will and lasting power of attorney do different jobs: the LPA ends when you die, and the will takes over from that point. In England and Wales you need both to cover your lifetime and your estate. Without a will, intestacy rules decide who inherits, including a fixed net sum of £322,000 for a spouse with children (deaths from 26 July 2023).

Will and lasting power of attorney: what each one does

A will and lasting power of attorney do different jobs: an LPA works while you are alive, and a will deals with what happens after you die. GOV.UK says a will lets you decide what happens to your money, property and possessions after you die. It must be formally witnessed and signed to be legally valid, and you can write one yourself, although GOV.UK advises getting advice if your will is not straightforward.

A lasting power of attorney (LPA) is a legal document that appoints someone to make decisions for you if you cannot. It can cover finances and property, or health and welfare. GOV.UK says an LPA must be registered before your attorney can make decisions for you. Our guide to the lasting power of attorney explains the two types.

Having a will and lasting power of attorney together means that both your lifetime decisions and your estate are covered. Neither document can do the other’s job, and having one does not remove the need for the other.

The difference between a will and power of attorney in short

• Will: covers your estate after death, and names executors.
• LPA: covers decisions during your lifetime, and names attorneys.
• Neither replaces the other: each deals with a different period.

Power of attorney after death: an LPA ends

An LPA ends when the person who made it dies. Age UK’s Factsheet 22 says the Office of the Public Guardian must be notified and sent the LPA documents. The NHS lists other events that end a power of attorney automatically, including the attorney’s death, the attorney or donor becoming bankrupt (for a property and financial affairs LPA), and the dissolution or annulment of a marriage or civil partnership between the donor and attorney.

This means an attorney cannot use the LPA to deal with the estate after the death. That job passes to the executor named in the will, or, if there is no will, to an administrator. Age UK also notes that an attorney cannot make a will on someone else’s behalf.

A person who made an LPA can cancel it at any time while they have the mental capacity to do so. They must tell their attorneys and the Office of the Public Guardian.

Executors and attorneys: two different roles

An executor deals with your estate after you die, and an attorney acts for you while you are alive. The roles come from different documents and do not overlap in time.

Executors

• They are named in your will or in a codicil, which is a formal update to the will.
• They can apply for probate, and GOV.UK says the original will must accompany the application because photocopies are not accepted.
• They do not automatically inherit. GOV.UK says you inherit only if you are also named as a beneficiary.
• Up to four can be named on a probate application, and an executor can decline to act in the ways GOV.UK sets out.

Attorneys

• They are chosen by you in a registered LPA.
• They make decisions on your behalf during your lifetime, within the limits you set.
• Their authority ends when you die.

They are separate appointments, so you can name different people for each. Our guide to how to get power of attorney explains how to choose attorneys.

Intestacy rules in England and Wales if there is no will

If you die without a will, GOV.UK says the law decides who gets what, and this is called intestacy. The rules below are for England and Wales and for deaths on or after 26 July 2023, as at November 2026. Scotland and Northern Ireland have different rules. GOV.UK has an inheritance checker that asks the date of death and the family situation, so use it for a specific case.

• Spouse or civil partner and no children: the spouse or civil partner takes the whole estate (deaths on or after 1 October 2014).
• Spouse or civil partner and children: the spouse or civil partner takes the personal chattels, a fixed net sum of £322,000 (legislation.gov.uk, from 26 July 2023) and half of the rest. The children share the other half.
• No spouse or civil partner: the estate is shared among the children, then other relatives, and if there are none it passes to the Crown.

A spouse or civil partner must usually survive the deceased by 28 days to inherit. Unmarried partners have no automatic right to inherit, and an unmarried partner cannot apply to administer the estate. Jointly owned property passes automatically to the surviving owners, so it may not form part of what is shared under intestacy.

The person who deals with the estate is the administrator. GOV.UK says the order is normally the husband, wife or civil partner, then children aged 18 or over. Legally adopted children count, but step-children do not. A solicitor can advise on a complicated family situation.

Why to have both a will and lasting power of attorney

You need both because each covers a different gap, and the best time to put a will and lasting power of attorney in place is while you have capacity. Without an LPA, nobody has automatic authority to manage your affairs if you lose capacity. Families then usually need the Court of Protection to appoint a deputy, which Alzheimer’s Society says can take six months or more. Our guide to Court of Protection deputyship explains that route.

Together, a will and lasting power of attorney mean that someone you trust can act while you are alive and your estate is shared as you chose. A deputy’s powers also stop at death, and Age UK says a deputy does not have authority to deal with the estate. So even where a deputy has been appointed, a will is still needed to say what happens afterwards.

Without a will, the intestacy rules above decide who inherits, which may not match your wishes. For example, an unmarried partner has no automatic right to inherit, and step-children cannot apply to administer an estate under the intestacy order. The Office of the Public Guardian says it takes 8 to 10 weeks to process and register LPA applications (as at November 2026), so allow time.

Statutory wills through the Court of Protection

If a person lacks capacity and needs a will, a statutory will can be made through the Court of Protection. Age UK says this might be needed, for example, where a change in circumstances means an existing will should be amended. An attorney cannot make a will for you, so the court route is the only way to make or change a will for someone who can no longer do so.

The court decides what goes into a statutory will, and it acts in the person’s best interests under the Mental Capacity Act 2005. A statutory will is a safety net for someone who never made a will or an LPA while they were able. This is a specialist area, so speak to a solicitor who deals with Court of Protection work before applying.

Keeping your will and LPA documents safe

Store your will and lasting power of attorney papers where trusted people can find them when needed. Keep the original will in a safe place and make sure your executors know where it is. GOV.UK says the original will must accompany a probate application, so a photocopy is not enough. If you change your will, GOV.UK says you can make a formal alteration called a codicil, or make a new will.

For an LPA, attorneys must be able to show evidence of their authority, such as a registered LPA. When the donor dies, the Office of the Public Guardian must be sent the LPA documents. Tell your attorneys where your copies are, and keep a record of who holds what.

Review both documents after major life changes, because an out of date will or LPA can name people who can no longer act, such as marriage, separation, the death of a named executor or attorney, or a move. The Office of the Public Guardian helpline is 0300 456 0300 (as at November 2026).

Scotland, Wales and Northern Ireland

Wales follows the same law as England for the LPA system and for the intestacy rules described here. Scotland and Northern Ireland have different rules for wills and intestacy, according to GOV.UK. Scotland has its own power of attorney system, covered in our guide to power of attorney in Scotland, and Northern Ireland has its own arrangements, explained in enduring power of attorney in Northern Ireland.

This page is general information, not legal advice. For your own situation, speak to a solicitor.

Frequently asked questions

Does a lasting power of attorney end when the person dies?

Yes. An LPA ends on the death of the person who made it. Age UK says the Office of the Public Guardian must be notified and sent the LPA documents. After death, the executor named in the will, or an administrator if there is no will, deals with the estate.

When does a will take effect?

A will deals with what happens to your money, property and possessions after you die, according to GOV.UK. It does not operate during your lifetime, so it cannot help with decisions if you lose capacity. For that you would need a lasting power of attorney.

Can an attorney make a will for me?

No. Age UK says an attorney cannot make a will on your behalf. If you lack capacity and need a will, a statutory will can be made through the Court of Protection, for example when a change in circumstances means an existing will should be amended.

What is the difference between an executor and an attorney?

An executor is named in your will and deals with your estate after you die, including applying for probate. An attorney is appointed in an LPA and acts for you while you are alive. An attorney’s authority ends when you die.

Who inherits if there is no will in England and Wales?

It depends on the family. A spouse or civil partner with no children takes the whole estate. With children, the spouse takes personal chattels, a fixed sum and half of the rest, and the children share the remainder. Unmarried partners have no automatic right to inherit.

Does the executor inherit everything?

No. GOV.UK says executors only inherit if they are also named as beneficiaries in the will. An executor’s job is to deal with the estate and apply for probate. Up to four executors can be named on a probate application.

What happens to a will if the original is lost?

GOV.UK says the original will must accompany a probate application and photocopies are not accepted. The page does not explain what to do if the original is lost, so speak to a solicitor or the probate service. Keeping the original safe and telling your executors where it is helps avoid this.

Official sources

• GOV.UK: Make a will
• GOV.UK: Applying for probate if there is a will
• GOV.UK: Applying for probate if there is not a will
• GOV.UK: Check who inherits if someone dies without a will
• legislation.gov.uk: The Administration of Estates Act 1925 (Fixed Net Sum) Order 2023
• GOV.UK: Inheritance Tax Manual, summary of the main rules of intestacy
• NHS: Giving someone power of attorney
• GOV.UK: Office of the Public Guardian
• Age UK: Factsheet 22, Arranging for someone to make decisions on your behalf
• Alzheimer’s Society: Accessing money to pay for care when capacity is lost

This page is general information, not legal, medical or financial advice. The Care Panel is an independent guide and is not part of any government body or care provider. Last checked 9 November 2026.

Related: Lasting power of attorney or deputyship · Mental capacity assessment explained · Health and welfare lasting power of attorney

See also: Attorney Duties Under a Lasting Power of Attorney Explained · Types of Power of Attorney: Ordinary, Enduring and Lasting

Reviewed by The Care Panel team on 9 November 2026. This guide is general information about care in England, not legal, medical or financial advice. Rules and rates change; check with your council or an adviser before making decisions.