SimpleLPALPA vs Will: What's the Difference and Do You Need Both?
Most people assume that writing a Will means they’re fully protected. They believe their family has the legal authority to handle everything from their house to their bank accounts no matter what happens. Unfortunately, that’s one of the most common and risky misconceptions in UK estate planning.
The core distinction is simple: a Will only works after you die. A Lasting Power of Attorney (LPA) only works while you’re alive. If you suffer an illness or accident that leaves you unable to make your own decisions, your Will is just a piece of paper in a drawer. It has no legal power to help you or your family during your lifetime.
By the end of this guide, you’ll know the exact difference between LPA and Will documents and why having both is the only way to stay fully protected. We’ll break down what each document does, what happens if you don’t have them, and how you can set them both up without the eye-watering costs of a traditional solicitor.
What Is a Will?
A Will is a legal document that gives your final instructions. It says exactly what should happen to your money, property, and belongings after you die. It ensures the assets you’ve worked hard for go to the people and causes you care about most.
Beyond just splitting up your assets, a Will is where you name guardians for any children under 18. This is arguably the most important role of the document for parents.
If you don't have a Will, the court decides who raises your children and they might not choose the person you’d wanted.
If you die without a Will, your estate falls under the government’s "intestacy rules." These are rigid laws that dictate who inherits your estate. They don't recognise unmarried partners, stepchildren, or close friends. To see the risks, you can read our full guide on what happens if you die without a Will in the UK.
For a Will to be legally valid in England and Wales, it has to follow the Wills Act 1837. This means it must be in writing, signed by you, and witnessed by two independent adults at the same time. While that sounds formal, SimpleLPA lets you create your own legally binding Will from just £10.
What Is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document where you choose people you trust (your "attorneys") to make decisions for you if you lose mental capacity. This could happen suddenly, like after a serious car accident, or gradually through a condition like dementia.
There are two types of lasting power of attorney explained below:
- Property & Financial Affairs: This lets your attorneys manage your bank accounts, pay your bills, collect your pension, and even sell your home if needed.
- Health & Welfare: This allows your attorneys to make decisions about your daily routine, medical treatment, and where you live. It also covers decisions about life-sustaining treatment.
An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. The mandatory registration fee is £92 per document. Registration can take several months, so don't wait until you need one. By then, it's usually too late. You can read our full guide on why you need an LPA to learn more.
You can only make an LPA while you still have mental capacity. If you wait until after a diagnosis or accident has impaired your thinking, the window is closed. SimpleLPA helps you create your LPA online from £49 per document.
The Key Differences at a Glance
Feature | Will | Lasting Power of Attorney (LPA) |
When does it work? | After you die | While you’re alive but unable to decide |
What does it cover? | Money, property, and possessions | Finances, health, and welfare decisions |
Who carries it out? | Your Executor | Your Attorney |
Does it cover children? | Yes — you can appoint guardians | No — guardianship is a Will matter |
Does it need registering?D | No — just sign and witness correctly | Yes — must be registered with the OPG (£92 each) |
Can you change it? | Yes, any time while you have capacity | Yes, any time while you have capacity |
What happens without one? | Intestacy rules apply | Court of Protection decides |
Cost with SimpleLPA | From £10 | From £49 per document |
What Happens If You Only Have a Will?
Many people ask, "Do I need an LPA if I have a Will?" To understand why the answer is a firm yes, let's look at a common scenario. Imagine you’re 58. You’re fit, healthy, and you’ve written a Will. One day, you suffer a sudden stroke that leaves you unable to communicate or manage your affairs.
Because you have a Will, you might think your spouse can just step in.
But without an LPA, they have no legal right to access your individual bank accounts or manage your mortgage.
They can’t even sell your joint property to pay for your care without a court order.
Your family would be forced to apply to the Court of Protection for a "deputyship order." This is a lengthy and costly process that can take up to a year and costs £421 just for the application. There are also ongoing annual supervision fees, and the court not your family chooses who manages your affairs.
A Will ensures your assets reach your loved ones eventually, but it doesn't offer any help for your own needs during your lifetime. Without an LPA, you’re leaving your most personal and financial decisions to a court system rather than the people who know you best.
Ready to put your wishes in writing?
Make a legally binding will online from just £10.
What Happens If You Only Have an LPA?
Maybe you’ve already been proactive and set up your LPAs. Your attorneys are ready to step in if your health fails, which provides a great deal of security. However, if you don't have a Will, you’re still leaving a massive gap in your estate planning UK.
An LPA is only valid while you’re alive. The moment you pass away, the power granted to your attorneys ends. They no longer have any legal authority to manage your bank accounts or property. From that second, only a Will can take over.
If you die with an LPA but no Will, your assets are distributed according to rigid government formulas. Unmarried partners might receive nothing, and stepchildren could be excluded entirely. The process of settling your affairs becomes slower and more expensive for your grieving family.
Do You Need Both? (Yes, Here's Why)
When people ask "LPA or Will: which do I need?", they’re often looking for the one "most important" document. In reality, they’re two halves of the same protective shield. A Will covers what happens after death, while an LPA covers what happens during your life. Together, they cover every scenario.
Don't fall into the trap of thinking these issues only affect the elderly. Research suggests 1 in 3 people born today will develop dementia, and accidents can affect adults at any age. If you wait for a crisis, it's usually too late to act. It’s rarely too early to start, but it’s very easy to be too late.
The traditional barrier has always been the cost, with solicitors often charging thousands for a complete set of documents. SimpleLPA uses technology to provide the same legal protection for a fraction of that price. Two documents provide complete protection; one without the other leaves a significant gap in your security.
How Much Does It Cost to Get Both?
Getting both documents is an investment in your own security and your family’s peace of mind. By using an online service, you can save hundreds of pounds while still receiving documents that are fully legally binding.
Here’s the breakdown of the costs when using SimpleLPA:
- Basic Will: from £10
- LPA (Property & Financial Affairs): £49
- LPA (Health & Welfare): £49
- OPG Registration Fee: £92 per LPA document
If you get a Will and both types of LPA, your total professional fee with us is just £108. Even with the mandatory government registration fees, the total cost is still far less than what most solicitors charge for just one document. You can see a more detailed breakdown of LPA costs here.
The OPG fee can be reduced by 50% or waived entirely if you're on a low income. While you’re considering your estate, you might also want to use our free Inheritance Tax Calculator to see if you might be liable for tax and how a Will can help you plan.
Frequently Asked Questions
Can my attorney also be my executor?
Yes, and it’s very common. Most people choose the same trusted person to manage their affairs while they’re alive and to distribute their estate later.
Do I need a solicitor to make a Will or LPA?
No. SimpleLPA's platform is designed to solicitor standards to ensure your documents meet all the requirements of English and Welsh law without the solicitor rates.
What if I already have a Will — do I still need an LPA?
Yes. A Will provides no protection while you’re alive. If you lose mental capacity tomorrow, only an LPA can help your family manage your bills or medical decisions.
Can I make an LPA for someone else?
No. You can only make an LPA for yourself. You must have the mental capacity to understand the document and the powers you’re giving away.
What happens if I lose mental capacity without an LPA?
Your family has to apply to the Court of Protection for a "deputyship." It’s expensive, takes many months, and the court decides who manages your affairs.
Is an LPA only for elderly people?
No. Younger people are also at risk from strokes, illnesses, and accidents. Anyone over 18 who has mental capacity should have an LPA in place.
Conclusion
A Will and an LPA do different jobs at different times. Relying on one without the other is like building a house with only half a roof it won't protect you when a storm hits. While one document secures your final wishes, the other safeguards your personal autonomy and financial security during your lifetime.
Ready to get started? Create your Will from £10 or set up your LPA from £49. Both processes take under 15 minutes with SimpleLPA, giving you and your family total peace of mind.
