Lasting Power of Attorney vs Will: What's the Difference?

A will controls what happens to your money and property after you die. A Lasting Power of Attorney (LPA) appoints someone to make decisions for you while you're alive but unable to make them yourself. Both documents cover different situations and most UK adults need both, not one or the other.

What a Will Does (and Doesn't Do)

A will only takes effect after your death. It names executors who sort out your estate, specifies who inherits your property, money, and possessions, and can appoint guardians for children under 18. Once you die, the executors follow your instructions to distribute everything according to your wishes.

A will has no legal power while you're alive. If you lose mental capacity through dementia, a stroke, or a serious accident, your will cannot help anyone act on your behalf. Your bank accounts remain frozen, your property cannot be sold, and your family cannot access funds to pay for your care — even if the money is yours. This is where people discover the limits of a will.

Without a will, the intestacy rules decide who inherits. In England and Wales, if you're married with children, your spouse gets the first £322,000 plus personal belongings and half the remainder; children share the other half. Unmarried partners inherit nothing under intestacy, no matter how long you've been together. You can read the full breakdown in our guide on what happens if you die without a will in the UK.

Making a will is straightforward. You can write one yourself if your affairs are simple, use an online service from around £90, or instruct a solicitor for £150 to £500 depending on complexity. Our guide on how much a will costs in the UK breaks down typical prices and what you get for each option.

What a Lasting Power of Attorney Does

A Lasting Power of Attorney is a legal document that appoints one or more people (called attorneys) to make decisions for you if you lose mental capacity or become physically unable to manage your own affairs. It only operates while you're alive. Once you die, the LPA expires and your will takes over.

There are two types of LPA in England and Wales. A Property and Financial Affairs LPA covers decisions about money, property, bills, investments, and benefits. A Health and Welfare LPA covers medical treatment, care arrangements, where you live, and life-sustaining treatment. You can make one or both — most people make both to ensure full coverage.

You must register an LPA with the Office of the Public Guardian before it can be used. Registration currently costs £82 per LPA, though you may qualify for a reduced fee or exemption if you receive certain benefits. The process takes eight to ten weeks on average. You cannot register an LPA after you've lost capacity — it must be done while you can still understand what you're signing.

If you lose capacity without an LPA, your family must apply to the Court of Protection for a deputyship order. This costs at least £371 in court fees, takes three to six months, and requires detailed financial records and ongoing supervision. The court decides who becomes deputy — it might not be the person you would have chosen. A registered LPA avoids this entirely.

Our comprehensive guide on Lasting Power of Attorney in the UK explains how to set one up, who can be an attorney, and what decisions they can make on your behalf.

Key Differences Between an LPA and a Will

The fundamental difference is timing. A will operates after death; an LPA operates during life when you lack capacity. Your will names executors; your LPA names attorneys. Executors distribute your estate; attorneys manage your affairs while you're alive but unable to do so yourself.

A will becomes public record once probate is granted. Anyone can request a copy from the Probate Registry for £1.50. An LPA remains private. Only your attorneys, the Office of the Public Guardian, and certain organisations (like banks, when your attorney acts on your behalf) can see it. Your LPA does not appear in any public register that friends or distant relatives can search.

You can change or revoke a will at any time while you have mental capacity. You simply write a new will or add a codicil (formal amendment). The latest valid will always overrides earlier versions. You can also change or cancel an LPA while you have capacity, but the process requires notifying the Office of the Public Guardian and, in some cases, the Court of Protection if the LPA is already registered and in use.

Cost structures differ. A will is a one-off expense — you pay to create it, then it sits in a drawer until you die. An LPA involves an upfront creation cost (DIY, online service, or solicitor) plus the £82 registration fee per document. If you make both types of LPA, that's £164 in registration fees alone. However, this is far cheaper than a deputyship application if you lose capacity without an LPA in place.

Neither document replaces the other. A will controls inheritance; an LPA controls decision-making during incapacity. You need both for complete protection. If you only make a will, no one can manage your money or make care decisions if you lose capacity. If you only make an LPA, you leave your family facing intestacy rules when you die.

When Each Document Comes Into Play

Imagine you're diagnosed with early-stage dementia at 68. Your Property and Financial Affairs LPA allows your attorney to pay bills, manage investments, and sell assets to fund care. Your Health and Welfare LPA lets them make decisions about care homes, medical treatment, and daily support. Your will sits unused because you're still alive.

Now imagine you die at 75. Both LPAs expire the moment you die. Your will takes effect. The executors you named in your will apply for probate, collect your assets, pay any debts and inheritance tax, and distribute everything according to your will. Your attorneys have no further role — they were only authorised to act while you were alive.

If you die suddenly in an accident with no period of incapacity, your LPA is never used. Your will handles everything. If you develop dementia and live for fifteen years in a care home, your LPA is used constantly while your will waits. Both scenarios are common, which is why most adults need both documents.

A Property and Financial Affairs LPA can be used as soon as it's registered, even if you still have full capacity. Some people register it early and allow their attorney to help with financial admin immediately. A Health and Welfare LPA can only be used once you lack capacity to make the specific decision in question. Your attorney cannot overrule your wishes while you can still express them.

Who You Choose for Each Role

You appoint executors in your will. They sort out your estate after you die, which typically takes six to twelve months. The role is time-limited. You usually choose responsible family members, close friends, or a professional (solicitor or bank) if your estate is complex or you lack trusted individuals. You can name up to four executors, though two is common.

You appoint attorneys in your LPA. They may act for you for many years if you lose capacity gradually. The role requires patience, honesty, and understanding of your values and preferences. You can appoint the same people as executors in your will, but you don't have to. Some people choose a financially savvy sibling for a Property and Financial Affairs LPA but a different family member for a Health and Welfare LPA.

Executors must act together on major decisions unless your will states otherwise. Attorneys can be appointed jointly (all decisions unanimous), jointly and severally (any attorney can act alone), or jointly for some decisions and severally for others. Joint and several is common for Property and Financial Affairs LPAs because it allows flexibility — one attorney can pay a bill without consulting the others.

If an executor dies or refuses to act, the remaining executors continue or a beneficiary can apply to be appointed. If an attorney dies or can no longer serve, your LPA may fail entirely unless you named a replacement attorney when you made it. This is why most solicitors recommend naming at least one replacement attorney in each LPA.

Executors' duties are detailed in our guide on what an executor of a will actually does. Briefly: they register the death, value the estate, apply for probate, pay debts and taxes, and distribute assets. Attorneys' duties are ongoing and vary depending on your needs — managing a Property and Financial Affairs LPA for someone with dementia can be a decade-long responsibility.

Making Both Documents

You can make a will and LPAs at the same time or separately. Many solicitors offer packages that include a will and both LPAs for £500 to £800, saving money compared to instructing each document individually. Online services also bundle them, typically for £200 to £400 plus the £164 registration fee for both LPAs.

DIY is possible for both. The government provides free LPA forms on GOV.UK that you can fill in yourself. You can write your own will if your estate is straightforward — our guide on how to write a will in the UK walks through the requirements. However, errors in either document can cause serious problems. An invalid LPA cannot be registered, leaving you without protection. An unclear will can lead to disputes or unintended inheritance.

If you use a solicitor for your will, ask about LPAs at the same appointment. The solicitor already knows your family structure and assets, so they can draft both documents efficiently. If you use an online service for your will, check whether they offer LPAs too — many do, and the platforms guide you through both processes step by step.

Timing matters for LPAs more than wills. You can make a will at any age, but LPAs become urgent as you get older or if you have a progressive condition like Parkinson's or MS. Once you lose capacity, it's too late to make an LPA. In contrast, you can update your will right up until you die, as long as you have mental capacity at the time you sign the new version.

Some people make a will in their thirties when they buy a house or have children, then add LPAs in their sixties when retirement brings estate planning into focus. Others make both in their forties after seeing a parent struggle without an LPA. There is no perfect age, but both documents should be in place before you need them.

Common Misconceptions

Many people assume a spouse automatically inherits everything, so they don't need a will. This is wrong. Under intestacy, a spouse does not inherit the entire estate if there are children or if the estate exceeds £322,000. A will ensures your spouse gets what you intend. Similarly, people assume a spouse can automatically manage finances if the other loses capacity. Wrong again — without an LPA, even a spouse must apply for deputyship.

Another misconception: "My family will sort it out." The law does not allow family members to access your bank accounts, sell your property, or make medical decisions just because you're related. Banks freeze accounts when they learn you lack capacity. Care homes cannot admit you without someone legally authorised to sign the contract. Your family cannot "sort it out" without an LPA or a deputyship order, and the latter takes months and costs hundreds of pounds.

Some think LPAs are only for older people. Capacity can be lost at any age through accidents, strokes, or sudden illness. A 35-year-old in a coma after a car crash needs someone to pay their mortgage and make medical decisions. An LPA registered at 30 works just as well as one registered at 70.

People also confuse a will with a living will (advance decision). A living will is a separate document that records your wishes about life-sustaining treatment if you cannot communicate. It is not the same as a will or an LPA. You can make an advance decision alongside a Health and Welfare LPA, but they serve different purposes — one records your wishes, the other appoints someone to make decisions.

Finally, some assume that making an LPA means giving up control. This is false. An LPA only grants authority when you lack capacity or, for Property and Financial Affairs LPAs, when you choose to let your attorney act. You remain in full control until that point. You can cancel an LPA at any time while you have capacity. It is a safety net, not a surrender.

What Happens If You Have Neither

Die without a will, and the intestacy rules decide who inherits. Unmarried partners get nothing. Stepchildren you've raised for 20 years get nothing unless legally adopted. Your estate might go to distant relatives you've never met. The process takes longer because the court must appoint administrators, and disputes are more likely when there's no clear written intention.

Lose capacity without an LPA, and your family must apply for deputyship. The court application requires detailed evidence of your incapacity, a £371 fee, and supporting documents from doctors. The court may require a bond (insurance policy) to protect your assets, costing hundreds more. The court appoints a deputy — usually a family member, but the court decides, not you.

Once appointed, a deputy must file annual reports with the Office of the Public Guardian, detailing every financial decision. The deputy pays an annual supervision fee of £35 or more depending on the value of your assets. This bureaucracy continues for as long as you lack capacity, potentially decades. An LPA avoids all of this for a one-off cost of £82 per document.

If you own property jointly with someone as joint tenants, that property passes to the survivor automatically when you die, regardless of your will or intestacy. However, this does not help if you lose capacity. Joint ownership does not allow the other person to sell or remortgage without your consent, and you cannot give consent if you lack capacity. An LPA solves this.

For more detail on intestacy outcomes, see our guide on what happens to your house if you die without a will, which explains how property is distributed and what happens to a mortgage.

Keeping Both Documents Up to Date

Review your will every five years or after major life events: marriage, divorce, the birth of children, house purchase, or a significant change in assets. Marriage automatically revokes a will made before the marriage unless the will explicitly states it was made in contemplation of that marriage. Divorce does not revoke a will, but it removes your ex-spouse as executor and beneficiary unless you specify otherwise.

You can update a will by writing a new one or adding a codicil (a formal amendment). Minor changes like updating an address or swapping an executor can be handled with a codicil. Major changes — adding beneficiaries, redistributing shares, changing guardians — usually require a new will. Our guide on updating or changing your will explains the process and when each method is appropriate.

LPAs are harder to update. You can cancel an LPA and make a new one, but this requires notifying the Office of the Public Guardian and re-registering the replacement LPA (another £82 fee). Small changes, like updating an attorney's address, can be noted on the LPA without cancelling it. Large changes, such as replacing an attorney, typically mean making a new LPA.

Most people make an LPA and leave it in place for life unless an attorney dies, becomes unsuitable, or relationships break down. If you named replacement attorneys when you made the LPA, the replacement steps in automatically if the original attorney cannot act. This avoids the need to make a new LPA every time circumstances change.

Store your will and LPAs somewhere safe and tell your executors and attorneys where they are. Many people use a solicitor's storage service (often free if the solicitor drafted the documents), a safe at home, or the National Will Register. The Office of the Public Guardian does not store your LPA once it's registered — it returns the stamped original to you, and you must keep it safe.

Professional Help vs DIY

A simple will costs £90 to £150 with an online service or £150 to £300 with a high-street solicitor. A complex will (trusts, multiple properties, business interests) costs £300 to £500 or more. LPAs cost around £100 to £200 each if done online or through a will-writing service, plus the £82 registration fee. A solicitor charges £150 to £350 per LPA, again plus registration.

DIY is tempting, but mistakes are common. Missing witness signatures, unclear wording, or invalid clauses can render a will or LPA useless. A will that doesn't comply with the Wills Act 1837 is void, meaning intestacy applies. An LPA with errors will be rejected by the Office of the Public Guardian, and you'll need to start again.

Use a professional if you have a complex family (stepchildren, ex-spouses, dependents with disabilities), own business assets, have property abroad, or want to set up trusts. Also use a professional if you lack confidence in completing forms correctly or if you want someone to store the documents and remind you to review them every few years.

Our guide on whether you need a solicitor for a will helps you decide based on your circumstances. The same logic applies to LPAs — straightforward situations can be handled online or DIY; anything complicated benefits from legal advice.

Check credentials if you use a will-writer who is not a solicitor. Look for membership of the Institute of Professional Willwriters or the Society of Will Writers, both of which require insurance and adherence to professional standards. Avoid anyone who cold-calls or pressures you into making a will or LPA on the spot.

This is general information, not legal advice. Wills and inheritance rules vary — for anything binding, use a regulated solicitor or will-writing service.