Wills and Power of Attorney

What is a Will?

Wills are legal documents that communicate your wishes to family and friends after you die.

They allow you to decide what happens to any money, possessions, property and even dependants - e.g. children.

You can make sure your family are cared for the way you would want them cared for if something happens to you.

You can also name an ‘executor’ - someone who you want to ensure your wishes are listened to.

What could happen if you don’t have a will?

• When dividing up your money, property, and possessions, decisions may be made that go against any of your spoken or implied wishes.

• Your beneficiaries (family and friends) may not receive the things that you want them to.

• Disagreements and fights can occur when family members, such as children from previous marriages, make unexpected claims to your property or money.

• The courts may decide who looks after your children, and it might not be who you would have picked.

• The funeral you receive may not be in line with your personal, religious, or cultural expectations.

What makes a will valid?

You need to be over 18 for a will to be valid. Your wishes may still be accepted but your guardians will have the final say.

You must make your will without feeling pressured/coerced by someone else. It has to be YOUR wishes.

You should be of ‘sound mind’ or fully mentally present when writing it. This means there are complications when people develop conditions such as alzheimer's.

You don’t have to have a solicitor for a will to be legal but it does need to be first signed by you and then signed by two witnesses who watched you sign it. If you are likely to have disputes in the family it may be best to get a solicitor to formalise it so there can be no arguments.

What help can I get with writing my will?

If your will is straightforward you don’t need a solicitor but it does need to be signed by two witnesses that are not family or any of the beneficiaries (people who you include in your will).

Trade unions often provide will writing services - check your union for more details

Free Wills month in March and October offers free wills for over 55’s on a first come first serve basis and with optional donations to charity.

If your will is complicated or your expect problems to arise from your extended family solicitors can provide protection if something goes wrong. Will writing is not something that is regulated but using a solicitor will ensure there is some regulation applied as they have legal obligations.

Useful links:

Link to citizens advice - https://www.citizensadvice.org.uk/family/death-and-wills/wills/

Links to gov- https://www.gov.uk/make-will

Link to MSE - https://www.moneysavingexpert.com/family/free-cheap-wills/

Link to free wills month - https://freewillsmonth.org.uk/

Link to money helper - https://www.moneyhelper.org.uk/en/family-and-care/death-and-bereavement/diy-wills-what-you-need-to-know

A lasting power of attorney (LPA) is a legal document that lets you (the ‘donor’) appoint one or more people (known as ‘attorneys’) to help you make decisions or to make decisions on your behalf. By creating an LPA while you are still in good health and of sound mind, you are able to decide who you would like to manage your affairs should the time arise when you cannot. Without a power of attorney, the courts will appoint the person they believe fit to do the job.

Why would I make an LPA when my spouse/partner can handle my affairs?

Creating an LPA means you decide who will make decisions if you experience an illness or an accident that means you cannot make your own decisions. And no, your partner does NOT automatically have legal power to make health, welfare, or financial decisions for you. This is a common misconception! Without an LPA in place, your loved ones will need to wait for a court to determine who can make these choices.

Does an LPA give my chosen attorney immediate ability to make decisions for me?

No. The LPA only comes into effect once it has been legally determined that you lack mental capacity or when you expressly state that you would like it to begin to take effect. Your attorneys cannot start managing your affairs before this time.

Is there only one form of LPA?

No, there are two – the first considers your health and welfare while the second considers your property and financial affairs. You can choose to make one of each kind or both. You can select different attorneys if you want, or you can even have more than one for each. It’s very much your decision!

Can’t I just make one later, when I need one?

Much like a will, waiting until one is needed means waiting until it is too late. This does make sense – if you have been deemed to lack mental capacity, you are not able to reliably (or practically) decide who should handle your affairs. Instead, a court will appoint your attorney.

How much does it cost?

In England and Wales, there is an £82 registration fee for each Lasting Power of Attorney. Remember that there are two forms of LPA – property/financial affairs and health/welfare. It will cost £162 to register both LPAs. You must register an LPA for it to be legally valid.

I can’t afford it, but I want an LPA - is there financial support available?

Yes. If you receive certain means-tested benefits when you apply to register it, you won’t have to pay anything – this is called an ‘exemption’. Also, If your income before tax is less than £12,000 a year, you’ll only need to pay half – this is known as a ‘50% remission’. You will need to complete a form to submit with your registration. This form details all of the benefits that qualify you for an exemption.

Do I have to hire a solicitor?

No. While you can certainly choose to use a solicitor, you will need to pay for this service in addition to the fees charged for registering your LPA. You might consider contacting several solicitors to compare their fees and the service they offer before selecting one. You can also choose to complete the application form yourself using guidance from the Office of the Public Guardian to support you. This can be done online or over the phone.  

Read more about completing your LPA on the Gov Website. You can even begin your own application if you are ready.