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

People often confuse wills and Lasting Powers of Attorney, or assume that having one means they do not need the other. In reality, these are two completely different legal documents that serve different purposes at different times in your life. Understanding the difference — and why you need both — is one of the most important steps you can take to protect yourself and your family.

What is a will?

A will is a legal document that sets out what should happen to your assets after you die. It names who will inherit your property, money, and possessions. It also lets you appoint executors to manage your estate, name guardians for your children, and set up trusts if needed. A will only takes effect after your death — it has no legal force while you are alive.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that lets you appoint someone you trust to make decisions on your behalf if you lose the mental capacity to make them yourself. Unlike a will, an LPA is all about what happens while you are still alive. There are two types:

• Property and Financial Affairs LPA: Covers decisions about your money, property, bills, investments, and bank accounts.
• Health and Welfare LPA: Covers decisions about your medical treatment, care, and daily routine. This can only be used when you lack the capacity to make these decisions yourself.

An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. Registration costs £82 per LPA type.

Side-by-side comparison

	Will	LPA
When it takes effect	After you die	While you are alive (if you lose capacity)
What it covers	Distribution of your assets, guardians for children, executors, trusts	Financial decisions and/or health and welfare decisions
Who carries it out	Your executors	Your attorneys
Registration required?	No (but must be stored safely)	Yes — with the Office of the Public Guardian
Can be changed?	Yes — by making a new will	Yes — by revoking and creating a new LPA

Do you need both?

Yes. A will does not help if you are alive but unable to make decisions for yourself — for example, after a stroke, an accident, or a diagnosis of dementia. And an LPA cannot control what happens to your estate after you die. The two documents work together to cover both scenarios.

What happens without a will?

If you die without a will, your estate is distributed according to the intestacy rules set by Parliament. This means the law — not you — decides who inherits. Unmarried partners, stepchildren, and close friends are likely to receive nothing. For guidance on the practical steps after a death, see our checklist on what to do when someone dies.

What happens without an LPA?

If you lose mental capacity and have not made an LPA, your family cannot automatically make decisions on your behalf — even your spouse cannot manage your finances without legal authority. Instead, someone must apply to the Court of Protection for a deputyship order. This process is expensive (the application fee alone is £371, plus ongoing annual supervision fees), slow (it can take months), and stressful for your family at an already difficult time.

Common misconception

Many people assume that their spouse or partner can automatically handle their financial affairs if they become unable to do so. This is not true. Without an LPA, your spouse has no legal right to access your bank accounts, sell your property, or manage your investments — even if you hold assets jointly, there may be situations that require separate authority.

Our will + LPA bundle

Because most people need both documents, we offer a combined will and LPA bundle for just £249. This includes a solicitor-checked will plus both types of LPA (property and financial affairs, and health and welfare). Get started here.

You can also learn more about how to make an LPA or check the cost of an LPA on its own.