Wills, LPAs and the Conversation Nobody Wants to Have

Why we put it off

Nobody enjoys thinking about dying or losing the ability to make their own decisions. So it's no surprise that many UK adults don't have a will, and far fewer have a Lasting Power of Attorney. But these documents aren't really about you. They're about making a difficult time easier for the people you love.

What happens without a will

If you die without a valid will, the law decides who inherits under what are called the intestacy rules. These may not match what you'd want. In particular:

Unmarried partners have no automatic right to inherit, however long you've lived together.
Stepchildren don't automatically inherit unless they've been legally adopted.
Friends, charities and other people who matter to you receive nothing.
Your family may face extra delay and cost sorting out your affairs.

The rules differ between England and Wales, Scotland and Northern Ireland. You can see how they work in England and Wales on gov.uk.

What a will lets you do

Decide who receives your money, property and possessions
Choose guardians for children under 18
Appoint executors, the people you trust to sort out your estate
Leave gifts to charity
Share your funeral wishes

Good to know: in England and Wales, getting married or entering a civil partnership usually cancels an existing will, while divorce changes how it works. Any big life change is a good reason to review yours. Pensions and many life insurance policies also don't pass under your will, so remember to keep the beneficiary details with each provider up to date as well.

Making it valid

A will needs to be made and signed in the right way to be valid, including being properly witnessed. Homemade wills can and do go wrong, particularly for blended families, business owners, people with property abroad or anyone with more complex wishes. Many people choose to use a solicitor or a regulated will writer. Gov.uk has a helpful overview of making a will.

Lasting Powers of Attorney: planning for while you're alive

A will only covers what happens after you die. A Lasting Power of Attorney (LPA) covers the possibility that, through illness or an accident, you can't make decisions for yourself while you're still alive. It lets you choose people you trust, your attorneys, to act for you.

In England and Wales there are two types:

Property and financial affairs: paying bills, managing bank accounts, dealing with your home. With your permission, this one can be used while you still have capacity, which some people find helpful.
Health and welfare: decisions about your care, medical treatment and where you live. This can only be used once you can no longer make the decision yourself.

Without an LPA, your family may need to apply to the Court of Protection to be allowed to manage your affairs. That can be slow, costly and stressful, at a time when they'll already have plenty to deal with. Many people are surprised to learn that being married doesn't automatically give your spouse the right to manage your money if you can't.

LPAs must be registered with the Office of the Public Guardian before they can be used, and there's a registration fee. You can find out more and make one online on gov.uk. Scotland and Northern Ireland have their own systems.

It's not just for older people: an accident or sudden illness can happen at any age. An LPA can only be set up while you have the mental capacity to make it, which is exactly why it's worth doing before you think you need it.

Having the conversation

The paperwork is often the easy part. The harder bit is talking about it. A few things that help:

Pick a calm moment. Not a family crisis or a holiday dinner.
Start with yourself. "I've been sorting out my will and I wanted you to know where things are" feels much less pointed than "Have you made a will?"
Use a prompt. A friend's experience, a news story, or a life event like a new grandchild can open the door naturally.
Ask the people you'd like to appoint. Check that your executors, guardians and attorneys are happy to take on the role.
Make a "where things are" list. Bank accounts, pensions, insurance policies, and who to contact. It saves your family a huge amount of searching.

A quick checklist

Do I have a valid, up-to-date will?
Have I chosen guardians for any children under 18?
Do I have both types of LPA in place, and are they registered?
Are the beneficiary details on my pensions and life cover up to date?
Does someone I trust know where to find everything?

If your estate could be large enough for inheritance tax to apply, a will is also an important starting point for planning around it.

Next step: our free Financial Health Check asks a few gentle questions about wills and LPAs, and shows how they fit with the rest of your financial picture. This article is general guidance, not personal or legal advice.