Will versus LPA: the difference at a glance
“I already have a Will, so my family can deal with everything.” It is a common and understandable thought. But the two documents solve different problems at different times. Neither automatically replaces the other.
Your Will
When: After you die.
Who: The executors you appoint administer your estate.
What: Your wishes for assets in your estate, beneficiaries and relevant guardianship arrangements.
Does not: Give an executor authority to manage your finances simply because you become ill.
Your LPA
When: During your lifetime, subject to the type of LPA and its terms.
Who: The attorney or attorneys you choose.
What: Relevant property and financial affairs or health and welfare decisions.
Does not: Replace your Will or decide who inherits when you die.
The official GOV.UK Will guidance and LPA guidance explain the legal starting points. Your own choices should be checked against your family and assets.
What a Will can do
A Will lets you state who should benefit from the part of your estate it governs. You can choose executors to administer that estate and consider guardians for children under 18. It can help address what happens if a beneficiary dies before you and whether particular family circumstances need more careful wording.
It is especially important to review your Will after marriage, separation, children, a property move, a bereavement or a business change. Property held as joint tenants, pension arrangements and some life policies may not pass in the way you assume from reading the Will alone. Your Will writing plan should fit with the ownership and beneficiary arrangements around it.
What a Lasting Power of Attorney can do
In England and Wales there are two types of LPA. A property and financial affairs LPA concerns matters such as bills, banking, investments and property. Once registered, it can be used while you have capacity if the document permits and you consent. A health and welfare LPA concerns decisions about care and welfare and can be used only when you lack capacity to make the relevant decision.
LPAs must be made while you have the required capacity and registered before an attorney can use them. Having a spouse or adult child does not automatically give that person the same authority. It is also worth choosing attorneys carefully, discussing the role with them and considering suitable replacements. Read more on our Lasting Powers of Attorney page.
Registration takes time. GOV.UK currently says it takes around 8 to 10 weeks if there are no mistakes, so it is sensible to consider this before an urgent need arises. Check the current OPG process when you are ready to apply.
Have a Will but no LPA—or an LPA but an old Will?
Tell us which documents you already have and what has changed. We will call to discuss the gaps, check availability for your postcode and explain the next step before any home appointment.
Request your complimentary Family Legacy Review →A practical family example
Imagine a couple with up-to-date Wills, a home and a rental property. One partner becomes unable to deal with banking and property decisions following an illness. The Will does not authorise its executors to act while that partner is alive. A properly made and registered property and financial affairs LPA may allow the appointed attorney to deal with matters within its terms and the law.
If that person later dies, the LPA ends. The Will and estate administration then become relevant. The two arrangements are connected, but they do different jobs. Where a business, jointly owned property or a blended family is involved, the surrounding legal documents may also need reviewing.
Questions to discuss before choosing
- Who should receive your estate, and who could administer it as executor?
- Who would you trust to help with financial decisions during your lifetime?
- Would the same people suit health and welfare decisions?
- Could your chosen attorney act if your first choice cannot?
- How do you own your home, and do you have rental property or business interests?
- Have marriage, separation, children or another major change made an older document less suitable?
- Do the people you appoint know where your documents are held?
Common questions about Wills and LPAs
Does a spouse automatically have power of attorney?
No. Marriage does not automatically give a spouse the same legal authority as a registered LPA to deal with all financial or welfare decisions.
Can an executor use my Will while I am alive?
No. Being named as an executor in a Will does not by itself authorise someone to manage your affairs during your lifetime.
Does an LPA continue after death?
No. An LPA ends when the donor dies. Estate administration then follows the applicable Will or, if there is no valid Will, the intestacy rules.
Should I make both types of LPA?
They cover different decisions. Whether you make one or both depends on the risks and people you want to plan for. Discuss the choice before paying for documents you do not understand.
General information for England and Wales, not individual legal, financial or tax advice. Last reviewed: 15 October 2026.