Atterbury Payne Solicitors

Wills vs. LPAs: Why You Might Need Both

When planning for the future, most people think about writing a will. But a Lasting Power of Attorney (LPA) is just as important — and it protects you while you’re still alive.

Here’s how both work, why they matter, and how they complement each other.

What is a Will?

A will is a legal document that outlines what should happen to your money, property, and possessions after you pass away. It allows you to:

  • Name who will inherit your estate (your beneficiaries)

  • Appoint executors to carry out your wishes

  • Specify funeral preferences

  • Make arrangements for dependents or pets

Without a valid will, your estate will be distributed according to the rules of intestacy — a fixed legal framework that may not reflect your personal wishes or family setup. Unmarried partners, stepchildren, and friends, for example, do not automatically inherit under these rules.

What is a Lasting Power of Attorney (LPA)?

A Lasting Power of Attorney (LPA) is a legal document that lets you appoint someone you trust (an “attorney”) to make decisions on your behalf if you lose the mental capacity to do so yourself.

There are two types of LPA:

  1. Health and Welfare LPA – covers decisions about your daily care, medical treatment, and life-sustaining care.

  2. Property and Financial Affairs LPA – covers managing your bank accounts, paying bills, collecting benefits or pensions, and even selling your home.

An LPA is only valid in England and Wales if it’s registered with the Office of the Public Guardian, and you must have mental capacity at the time of setting it up.

Why You Might Need Both

Wills and LPAs serve different purposes — but together, they offer full-circle protection.

  • A will takes effect after your death.

  • An LPA is used during your lifetime, if you’re unable to make decisions yourself due to illness, injury, or conditions like dementia.

Without an LPA, your loved ones may need to apply to the Court of Protection to make decisions on your behalf — a process that can take time and involve additional costs.

Planning Ahead Brings Peace of Mind

By putting both a will and LPA in place, you’re making things simpler for your family and ensuring your wishes are respected — no matter what the future holds.

If you’d like to get started, we’re here to guide you through every step — clearly, calmly, and with care.

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