Do You Need Both a Will and an LPA?
Why a Will and a Lasting Power of Attorney serve completely different purposes — and why you need both.
Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed
Many people make a Will and assume they are covered. They are not. A Will only kicks in after you die — it does nothing to protect you while you are alive. If you lose mental capacity without an LPA, your family faces the same problems as if you had no legal documents at all. You need both a Will and a Lasting Power of Attorney for complete protection, because they cover entirely different situations.
At a glance
- Yes, you need both — a Will covers what happens after you die, while an LPA covers decisions during your lifetime if you lose mental capacity
- A Will has no legal force while you are alive and cannot be used to manage your affairs if you become incapacitated
- Without an LPA, even your spouse has no automatic legal right to access your bank accounts or make medical decisions for you
- The same trusted person can be named as both your executor (Will) and your attorney (LPA)
What a Will Does
A Will is a legal document that sets out how you want your estate — your property, money, possessions, and investments — to be distributed after you die. It allows you to name executors who will carry out your wishes, specify who inherits what, appoint guardians for minor children, and leave specific gifts to individuals or charities.
A Will only takes effect after your death. It has no legal force during your lifetime and cannot be used to manage your affairs if you become incapacitated. This is the fundamental difference between a Will and an LPA.
Without a Will, your estate is distributed according to the rules of intestacy, which may not reflect your wishes. For example, if you are unmarried but have a long-term partner, they may receive nothing under intestacy rules.
What an LPA Does
A Lasting Power of Attorney is a legal document that allows you to appoint one or more people (attorneys) to make decisions on your behalf during your lifetime. There are two types:
- Property and Financial Affairs LPA — covers managing bank accounts, paying bills, selling property, and handling investments
- Health and Welfare LPA — covers decisions about medical treatment, care arrangements, where you live, and daily routine
An LPA is used while you are alive but unable to make certain decisions for yourself, typically due to conditions such as dementia, a stroke, or a serious accident. When you die, the LPA ceases to have any effect, and your Will takes over.
Key point: A Will cannot help you while you are alive, and an LPA cannot help after you have died. You need both documents to be fully protected.
Why Having Only One Is Not Enough
Many people make the mistake of thinking that having a Will is sufficient, or that an LPA covers everything. Neither is true, and having only one document leaves a significant gap in your protection.
If you have a Will but no LPA: Your estate will be distributed according to your wishes after your death, but if you lose mental capacity during your lifetime, nobody will have the automatic authority to manage your finances, pay your bills, or make healthcare decisions for you. Your family would need to apply to the Court of Protection, which is costly and time-consuming.
If you have an LPA but no Will: Your attorneys can manage your affairs during your lifetime, but after your death, your estate will be distributed according to the rules of intestacy rather than your wishes. This could mean your assets go to people you did not intend, or in proportions you would not have chosen.
The reality is that both documents are essential parts of a complete plan. See our guide on how LPAs work alongside Wills for more detail on how these documents complement each other.
What Happens If You Only Have a Will?
If you only have a Will and you lose mental capacity, your family could find themselves in a difficult and distressing situation. Banks may freeze your accounts, leaving nobody able to pay your mortgage, utility bills, or care home fees. No one — not even your spouse or adult children — will have the legal authority to manage your finances or make medical decisions on your behalf. Day-to-day life can grind to a halt very quickly.
The only option at that point is to apply to the Court of Protection for a deputyship order. This process is expensive (often costing several thousand pounds), slow (it can take six months or longer), and emotionally draining for everyone involved. A registered LPA avoids all of this, because your chosen attorneys can step in immediately when needed.
Will vs LPA: What Each Document Covers
To make the distinction clear, here is a comparison of what each document covers:
- Will: Distribution of assets after death, appointment of executors, guardians for children, funeral wishes, charitable legacies
- Property and Financial Affairs LPA: Managing bank accounts, paying bills, selling property, handling investments, tax affairs — all during your lifetime
- Health and Welfare LPA: Medical treatment decisions, care arrangements, where you live, diet and daily routine, life-sustaining treatment — all during your lifetime
As you can see, there is no overlap between what a Will covers and what an LPA covers. They are entirely complementary documents that together provide comprehensive protection across all scenarios.
Myths That Stop People Getting Both Documents
There are several common misconceptions that lead people to think they only need one document:
- "My spouse can manage everything if I lose capacity." — This is not true. A spouse has no automatic legal right to manage the other's finances or make medical decisions on their behalf. An LPA is needed.
- "My Will covers everything." — A Will only takes effect after death. It provides no protection during your lifetime. Read more about whether a Will can replace an LPA.
- "I'm too young to need either." — Accidents and illness can affect anyone at any age. Having both documents in place provides peace of mind regardless of your age.
- "I'll do it later." — Both documents require you to have mental capacity when you create them. If you wait too long, you may lose the ability to make these arrangements.
Creating Both Documents Together
Many people choose to create their Will and LPAs at the same time, which makes sense because the planning process for each document informs the other. When thinking about who should manage your affairs during your lifetime (LPA attorneys), you are naturally also thinking about who should handle your estate after death (executors).
Creating both documents together can also be more cost-effective. Many solicitors offer package deals for Wills and LPAs, and online services like ours make the LPA creation process straightforward and affordable.
The most important thing is not to delay. Both documents are among the most important legal arrangements you can make, and they provide invaluable protection for you and your family.
More Guides About LPAs and Other Legal Documents
How these two documents complement each other and the practical handover between them Can a Will Replace an LPA?
Why a will alone leaves you unprotected during your lifetime What Happens to Existing EPAs?
Whether your pre-2007 Enduring Power of Attorney is still valid and what to do next Essential Legal Documents for Later Life
A complete checklist of the documents you need beyond just a will and LPA
Not sure which type of LPA you need? Our guided service helps you decide and create the right documents. See pricing.
Key Takeaways
- A Will and an LPA serve entirely different purposes — a Will takes effect after death, an LPA operates during your lifetime when you cannot make decisions
- Having only a Will leaves a dangerous gap — if you lose capacity, your family cannot access your finances or make healthcare decisions without a court order
- An LPA ceases when you die — at that point your Will takes over and your executors manage your estate
- Creating both together is practical and cost-effective — the decisions overlap, and many people appoint the same trusted person for both roles
Frequently Asked Questions
Does a Will replace an LPA?
No. A Will only takes effect after your death and has no legal force during your lifetime. An LPA covers decisions while you are alive but unable to make them yourself. You need both documents for complete protection.
Can the same person be my executor and my attorney?
Yes. Many people appoint the same trusted person as both their executor (for their Will) and their attorney (for their LPA). This is perfectly legal and can simplify the overall management of your affairs.
What happens to an LPA when the donor dies?
An LPA ceases to have any legal effect when the donor dies. At that point, the Will takes over and the executors named in the Will become responsible for managing the estate.
Should I create my Will and LPA at the same time?
It's often practical to do both together since you'll be thinking about similar decisions — who to trust, what your wishes are. But there's no requirement to create them at the same time. The important thing is to have both in place.
Can my attorney change my Will?
No. An attorney has no power to create, change, or revoke your Will, regardless of which type of LPA they hold. Your Will can only be changed by you while you have mental capacity.
How much does it cost to have both a Will and an LPA?
A Will typically costs £150–£500 with a solicitor. An LPA costs £92 per document to register with the Office of the Public Guardian. You can create your LPA online for a fraction of the cost of using a solicitor.
This guide was last reviewed and updated on . Information is based on current legislation and OPG guidance for England and Wales.
Official Guidance
Official resources from GOV.UK
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