General

Do You Need a Will and a Power of Attorney? (2026)

22 October 2026•General

Luke Harris · Content and SEO

A couple in their sixties walking a spaniel arm in arm along a countryside footpath beside a dry-stone wall.

In September 2026, Today's Wills and Probate reported a poll of almost 2,000 UK adults commissioned by the charity Will Aid. It found that 67% either don't have a will or have one that's out of date. It also reported that 57% of people have never made a will, with 29% of those respondents stating they believed they had nothing worth leaving.

If you share that vague feeling that you should get your affairs sorted out, you're far from alone. Wondering if you need a will and power of attorney is a common starting point for adults in England and Wales who want to protect their families.

Yes, most adults in England and Wales need both documents, because a will only works after you die and a power of attorney only works while you're alive. People often ask whether they really need a will or if they truly need a power of attorney when their health is fine, but legal protection covers unexpected events at any age. The full set consists of three core documents, which are a will and two Lasting Powers of Attorney, alongside a few supporting items.

This article lists them all and shows which ones apply to you. Note that this guidance applies specifically to England and Wales, as Scotland and Northern Ireland operate under entirely separate legal systems. SimpleLPA isn't a law firm, but its documents are designed to solicitor standards, and a person checks every document.

Key Takeaways

A will handles your estate after death, while Lasting Powers of Attorney manage your affairs while you're alive.
Dying without a will means the law decides who inherits your property.
Family members can't automatically use accounts in your sole name or make medical choices for you without a power of attorney.
You can create an advance decision to refuse specific medical treatments under clear legal conditions.
Different life stages require different legal protections, from buying a home to having children.

What legal documents does everyone need in England and Wales?

Most adults need three documents: a will, a property and financial affairs LPA and a health and welfare LPA. A last will and testament specifies how your money, property, and possessions get distributed after your death, and it lets you name guardians for minor children.

A property and financial affairs Lasting Power of Attorney gives your chosen attorneys authority to manage bank accounts, pay bills, and handle property on your behalf. It can be used as soon as it's registered, with your permission. A health and welfare Lasting Power of Attorney lets trusted people make medical, daily care, and living arrangement choices if you lose the capacity to decide for yourself.

Why isn't a will enough on its own?

A will only works after you die. An LPA only works while you're alive. Neither covers the other's gap.

People frequently assume that a will handles everything, but it remains entirely inactive until death occurs. A power of attorney ends the moment you pass away, at which point your named executors take over under your will. Understanding the difference between an LPA and a will shows why you need both to cover every stage of life.

What happens if you don't have a will?

The statutory intestacy rules decide who inherits your estate if you pass away without a valid will. For deaths on or after 26 July 2023, where someone dies leaving a spouse or civil partner and children, the spouse receives the first £322,000, plus personal possessions and half of the rest. The £322,000 figure is set by The Administration of Estates Act 1925 (Fixed Net Sum) Order 2023.

Unmarried partners get no automatic share under the law as it stands. The Ministry of Justice consultation "A fairer end to relationships" (5 June to 14 August 2026) proposed automatic inheritance rights for cohabiting partners, but it's only a proposal. Getting married automatically cancels any will you made before the ceremony, as noted in GOV.UK guidance on making a will and updating your will. You can read more about what happens if you die without a will to see how the law distributes assets.

What happens if you don't have a power of attorney?

Nobody, including a husband, wife, or adult children, gets automatic legal authority over your bank accounts or care decisions if you lose capacity without an LPA in place. Say your dad has a stroke that leaves him unable to make decisions. Without an LPA, your mum can't use accounts in his sole name, even to pay his bills, though she may still be able to use a joint account.

Your family may have to apply to the Court of Protection to become a legal deputy. As of October 2026, the application fee is £432, plus £266 if the court decides your case needs a hearing. A new deputy also pays a £100 assessment fee, then £320 a year for general supervision.

What is a living will, and is it legally binding?

A "living will" usually means an advance decision to refuse treatment, which is a decision you can make now to refuse a specific type of treatment at some time in the future. According to NHS guidance on advance decisions, an advance decision is legally binding as long as it complies with the Mental Capacity Act, remains valid, and applies to the situation at hand. You must be 18 or over and have mental capacity when you make it. To refuse life-sustaining treatment, it must be written down, signed by you and a witness, and include a statement that it applies even if your life is at risk.

An advance statement records your general wishes and preferences, but it isn't legally binding. A health and welfare LPA covers a broad range of welfare decisions when you lack capacity, whereas an advance decision focuses strictly on refusing specific medical treatments. SimpleLPA doesn't make advance decisions.

What is a letter of wishes, and do you need one?

A letter of wishes is an informal note kept alongside your will to guide your executors on personal matters such as who receives sentimental items, your funeral preferences, or who to tell about your death. It isn't legally binding, meaning your executors aren't forced to follow it, but it's a useful and optional addition to your planning. Parents often use this letter to explain why they divided gifts in a certain way or to pass down personal messages.

Does your pension follow your will?

Most pension death benefits don't follow your will, as they're usually paid at the scheme's discretion, guided by an expression of wish (or nomination) form you fill in with your provider. Check with your provider that yours names the right people. From 6 April 2027, most unused pension funds and pension death benefits will be brought into the estate for inheritance tax purposes, according to HMRC's technical note 2 on inheritance tax on pensions (27 August 2026). Learning how the 2027 pension changes affect inheritance tax helps you keep your plans up to date.

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Which documents do you need at each stage of life?

Different legal documents become relevant as your life changes, helping you protect your finances and family. In the Will Aid poll, 23% of people who'd made a will said having children prompted them, and 18% made theirs after buying a house.

Life stage	Documents to have	Why
Any adult (18+)	Will, Property and financial affairs LPA, Health and welfare LPA	Covers you after death and if an accident or illness stops you deciding for yourself.
Living with a partner but not married	Will, Property and financial affairs LPA	Your partner has no automatic right to inherit, and can't manage your money for you without an LPA.
Buying a home	Will	Says who inherits your share of the home, unless it passes automatically to a joint owner.
Having children	Will	Lets you appoint a guardian for your children (Children Act 1989, section 5).
Aged 50 and over	Will, Property and financial affairs LPA, Health and welfare LPA	Covers broader long-term planning as you get older.
After a diagnosis that may affect your memory or decisions	Property and financial affairs LPA, Health and welfare LPA	You can still make an LPA if you have mental capacity at the time, so act early.

If you're in more than one row, you need everything those rows list.

How much does a will and power of attorney cost?

The cost of a will and power of attorney depends on whether you write them yourself or use a document service. Whoever prepares your LPA, the Office of the Public Guardian charges £92 to register each one, or £184 for both types, as of October 2026. You can apply for a reduction if you earn less than £12,000.

SimpleLPA charges £49 for an LPA alongside the £92 OPG registration fee, while a standard will is £29 and a pair of mirror wills is £49 as of October 2026. You can make an LPA yourself for free on GOV.UK and only pay the OPG fee.

How often should you review your will and LPA?

Review your will and LPA after big life events, such as marriage, divorce or separation, a new child, buying a home or a death in the family. Otherwise, check them every few years. Getting married automatically cancels any will you made before. Regular reviews make sure your legal papers still reflect what you want.

Frequently Asked Questions

What legal documents do I need?

You generally need a will to distribute your estate after death along with two Lasting Powers of Attorney for financial and medical decisions during your lifetime. Supporting documents like a letter of wishes can also help guide your family. These core papers cover your affairs across every stage of adult life.

Can my husband or wife make decisions for me without a power of attorney?

Spouses and civil partners don't get automatic legal authority over accounts in each other's sole name, jointly owned property or medical choices if one loses capacity. Without a registered property and financial affairs LPA or health and welfare LPA, your family may have to apply to the Court of Protection.

Do I need a solicitor to make a will or LPA?

You don't need a solicitor to make a valid will or register a Lasting Power of Attorney in England and Wales. You can make an LPA yourself on GOV.UK, or use an online service. SimpleLPA is one of these: its documents are designed to solicitor standards and a person checks every one.

At what age should I make a will and LPA?

Any adult aged 18 or over can and should make a will, particularly once they own property, have savings, or start a family. Lasting Powers of Attorney can be set up by any person aged 18 or over who has mental capacity. Making them early means they're in place before an accident or sudden illness.

Is a letter of wishes legally binding?

A letter of wishes isn't a legally binding document and carries no formal authority over your executors. It serves as an optional companion to your will for expressing personal preferences, funeral requests, or guidance on sentimental items. Executors take your notes into account but aren't legally required to follow them.

Is it different in Scotland or Northern Ireland?

Scotland and Northern Ireland operate under entirely separate legal jurisdictions with different rules for wills, intestacy, and powers of attorney. The documents and fees described in this guide apply exclusively to England and Wales. Residents of Scotland or Northern Ireland must follow local legal requirements.

Where should you start?

Start with whichever core document you don't have yet, whether that means drafting a will or setting up your financial and medical LPAs. SimpleLPA can help you make a will online or make a Lasting Power of Attorney online.