Wills & Power of Attorney (POA)
Creating a Will and arranging a Power of Attorney (POA) may sound daunting, but these are vital steps for anyone who wants to take control of their future and protect their loved ones. In the UK, sorting your will and POA isn’t just for the wealthy; it’s a crucial part of personal finance for everyone.
Whether you’re just starting out, have a growing family, or are thinking about later life, this guide will walk you through all you need to know (and do), step by step.
Why Wills and Power of Attorney Matter
Let’s be honest: few of us enjoy thinking about what happens when we’re gone or if we lose capacity. Yet, having a will and setting up power of attorney ensures your wishes are respected and your loved ones aren’t left with difficult decisions or legal tangles.
Without a Will: The government decides who inherits your possessions, possibly against your wishes.
Without POA: If you lose capacity, the courts may step in—and it can take months of stress and uncertainty for your loved ones.
Bottom line: Making a will and arranging POA is one of the most thoughtful financial decisions you can make.
Step 1: Understanding the Basics
What Is a Will?
A will is a legal document stating how you want your money, possessions, and property distributed after your death. You appoint an executor (the person who will carry out your wishes) and can also specify guardians for your children.
What Is Power of Attorney (POA)?
Power of Attorney is a legal authority you give someone else (your ‘attorney’) to act on your behalf. In the UK, the two main types are:
Lasting Power of Attorney (LPA): Used for ongoing arrangements should you lose mental capacity.
Ordinary Power of Attorney: Usually used for short-term or specific situations, and only valid while you have mental capacity.
LPAs come in two forms:
Property and Financial Affairs LPA (manage your money, bank accounts, property)
Health and Welfare LPA (make decisions about health care, living arrangements)
Step 2: Making a Will—How to Get It Right
Here’s how to create a will, step by step:
1. List What You Own
Make a list of your assets: property, savings, investments, personal items of value.
Don’t forget things like digital assets or family heirlooms.
2. Decide Who Gets What
Think about who you want to inherit and whether you wish to leave specific items to certain people or charities.
3. Choose Your Executors
Choose someone you trust—often a family member, friend, or solicitor.
Tip: It’s wise to name at least two executors in case one can’t act.
4. Appoint Guardians If You Have Children
Consider who you’d want to look after your children if under 18.
5. Write Your Will
You have three main options in the UK:
Do it yourself – Use a template, such as from Which? Wills. Suitable for simple estates but beware: errors can make wills invalid.
Use a solicitor – Particularly important if your finances are complex, you own property abroad, or you have children from previous relationships. Find one via The Law Society.
Professional will writer – Members of the Institute of Professional Willwriters can draft your will, often at a lower cost than solicitors.
6. Sign and Witness
You must sign your will in the presence of two witnesses, who also sign it (they cannot be beneficiaries).
7. Store It Safely
Tell your executors where it’s kept—ideally keep the original in a secure place like a solicitor’s office or a specialist storage provider.
Regularly review your will—especially after big life changes like marriage, divorce or having children.
Step 3: Arranging Lasting Power of Attorney (LPA)
Sorting your POA is just as important as making a will. Here’s what to do:
1. Decide What Type(s) of LPA You Need
Most people arrange both types (property & finance, and health & welfare).
2. Choose Your Attorneys
Appoint one or more trusted individuals to act—this could be your spouse, adult child, friend or a professional like a solicitor.
Tip: Always discuss this with your chosen attorneys; make sure they understand your wishes.
3. Complete the LPA Forms
Forms are available online via GOV.UK Lasting Power of Attorney.
You can:
Do it yourself online – The Government’s site guides you through it.
Use a solicitor – Recommended if your situation is complex or if you want extra peace of mind.
4. Register the LPA
You must register your LPA with the Office of the Public Guardian (OPG) before it can be used. This can take up to 20 weeks.
Fee: £82 per LPA (see latest fees here).
5. Store and Notify
Keep the registered LPA safe and let your attorneys know where it is. You’ll receive a stamped copy from the OPG.
Frequently Asked Questions
Do I really need both a will and a POA?
Yes—they cover different things. A will covers what happens after you die; a POA covers what happens if you lose capacity in your lifetime.
What happens if I die without a will?
Your estate is divided according to ‘intestacy’ rules, which may not reflect your wishes. Learn more here.
Can my spouse or children automatically deal with my finances or medical care if I’m incapacitated?
No—without an LPA, they may have to go to court to get authority, which is expensive and time-consuming.
What if my circumstances change?
Review your will and LPA regularly—especially after marriage, divorce, birth of children, or significant changes to your assets.
Top Tips and Pitfalls to Avoid
Tips:
Talk openly with your family or those you’re appointing as executors/attorneys.
Use clear, specific wording—especially around gifts or guardianship.
If using a template, double-check the requirements for signing/witnessing.
Consider including a ‘letter of wishes’ alongside your will.
Pitfalls:
Don’t ask beneficiaries to be your witnesses—this can invalidate the will.
Don’t forget digital assets (email, social media, online investments).
Don’t delay—accidents and illness can happen at any time.
Summary: Take Control Today
Creating a will and putting a power of attorney in place gives you real peace of mind and prevents unnecessary stress for your loved ones. By taking a little time now to get your affairs in order, you make sure your wishes are respected, your family is protected, and your legacy is secure.
Your next steps:
1. List your assets, decide on your executors, attorneys and beneficiaries.
2. Use GOV.UK or a solicitor to prepare your will and LPA forms.
3. Sign, witness and register everything properly.
4. Store your documents safely, tell the relevant people, and review every few years or after big life changes.
Making a will and a power of attorney isn’t just paperwork—it’s one of the most caring personal finance steps you’ll ever take.
