Wills and Lasting Powers of Attorney
Making a will and putting Lasting Powers of Attorney (LPAs) in place are two of the most important steps in effective estate planning.
Wills in England and Wales
A valid will states who inherits your estate, who executes it, and how your wishes are carried out after death. Without a valid will, your estate is dealt with under the rules of intestacy, which may not reflect your family circumstances or personal intentions, potentially leading to unintended beneficiaries receiving your assets instead of your chosen heirs.
In England and Wales, wills are still governed mainly by the Wills Act 1837, which requires them to be in writing and signed in the presence of two witnesses at the same time. The Law Commission published its final report on 16 May 2025 with a draft bill proposing major reforms, including a new Wills Act, potential recognition of electronic wills, lowering the minimum age for making a will from 18 to 16, and giving courts more flexibility where a person's testamentary intentions are clear.
These are proposals, not yet the current law.
Lasting Powers of Attorney in England and Wales
A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or more trusted people to make decisions on your behalf if you lose mental capacity, or in some cases while you still have capacity.
In England and Wales, there are two types of LPA: a Property and Financial Affairs LPA, which can cover matters such as bank accounts, bills, property, and investments; and a Health and Welfare LPA, which covers decisions about care, treatment, daily routine, and, if you choose, life-sustaining treatment.
Putting LPAs in place is an important part of future planning and wider estate planning. Without a valid LPA, family members do not automatically have authority to manage your finances or make welfare decisions for you if capacity is lost. In that case, applying to the Court of Protection may take longer and be more limiting than preparing LPAs ahead of time.
An LPA allows you to choose who should act, decide whether attorneys act jointly or independently, appoint replacement attorneys, and include preferences or instructions to guide decision-making. The forms also require a certificate provider, whose role is to confirm that you understand the LPA and are not under pressure to make it.