Do you need a new will before an operation or trip?
Only if you have no will or the one you have no longer fits. Most planned operations and holidays do not change the legal position at all. What they do is give you a date to work to. Check whether any of these apply:
- You have never made a will. The intestacy rules would decide who inherits, and they provide for a spouse or civil partner but not an unmarried partner (Administration of Estates Act 1925, section 46).
- You have married or formed a civil partnership since making your will. That normally revokes it (Wills Act 1837, sections 18 and 18B); see does marriage revoke a will.
- You have separated or divorced, had or adopted a child, bought a home, or an executor or beneficiary has died.
- You have children under 18 and have not named a guardian; see appointing a guardian in your will.
GOV.UK suggests reviewing your will every 5 years and after any major change in your life. If none of the points above applies and your will is signed and findable, you may not need to do anything.
How far ahead should you start?
A will can be ready as soon as you have prepared, printed and signed it. Other steps take longer, so start with those:
| Step | Time needed | Source |
|---|---|---|
| Sign a will | Valid once signed and witnessed; no registration | GOV.UK |
| Register a lasting power of attorney | 8 to 10 weeks, including a 4-week statutory waiting period | Office of the Public Guardian, 1 September 2026 |
| Lodge a will with HM Courts and Tribunals Service | Around 2 weeks after posting; £24 fee | GOV.UK |
If your operation is only days away, concentrate on the will and on telling people where it is. An LPA started now will still be useful later, even if it is not registered in time.
How do you arrange signing before you leave?
Book the signing like an appointment. You need about as long as it takes to read the will through and sign three sets of signatures:
- Prepare and read the will, then print the final version on paper.
- Ask two adults who inherit nothing, and are not married to or in a civil partnership with anyone who inherits, to be there together (Wills Act 1837, section 15).
- Sign, or acknowledge your signature, while both witnesses watch.
- Each witness then signs in your presence and adds their details.
- Write the date and do not alter the will afterwards.
The rules are in section 9 of the Wills Act 1837, explained step by step on how to sign a will. Witnesses cannot join by video, and an electronic signature does not make a valid will.
If you run out of time and must sign abroad, the Wills Act 1963, section 1 treats a will as properly signed if it follows the law of the place where it was signed, or of the place where you were domiciled or habitually resident, or of a state of which you were a national, at the time of signing or at your death. Following the usual England and Wales steps is normally enough for someone domiciled or habitually resident here. If you are unsure where you are domiciled, get advice.
Where should the original be while you are away?
At home in a safe place, or with a solicitor or storage service, and never in your luggage. The signed paper original is the will; a PDF or photocopy is not. GOV.UK lists keeping it at home or storing it with a solicitor, a bank, a will storage company or the Probate Service.
HM Courts and Tribunals Service stores wills by post for a one-off £24 fee (from 13 July 2026), but it says it takes around 2 weeks for the will to be lodged and a certificate to arrive. If you are leaving sooner, keep the original safe at home and lodge it when you are back. More options: where to store a will.
Who should you tell before you go?
Tell your executors that the will exists and exactly where the original is. GOV.UK suggests telling your executor, a close friend or a relative. It also helps to tell:
- anyone you named as guardian for your children;
- your attorneys, if you have an LPA, and where the registered LPA is kept;
- whoever will look after your home, pets or post while you are away.
You do not have to tell anyone what the will says. A short note of where things are can help in the first days after a death; the free executor handover tool helps you write one without putting passwords in it.
Should you make a lasting power of attorney as well?
It is worth considering, because a will does nothing while you are alive. A lasting power of attorney lets people you choose make decisions if you cannot, and GOV.UK describes two types:
- Health and welfare: used only when you cannot make your own decisions, for example if complications after surgery left you unable to decide about care.
- Property and financial affairs: can be used as soon as it is registered, with your permission. GOV.UK’s guide to making decisions for someone gives the example of help while you are on holiday.
GOV.UK says an LPA is legally binding only in England and Wales, and a property and financial affairs LPA can only be used for property and assets here. If you have firm views about refusing particular treatment, an advance decision under section 24 of the Mental Capacity Act 2005 is a separate document; discuss it with your clinical team. The differences are set out in will vs lasting power of attorney.
What if you are already unwell or the surgery is urgent?
Use a solicitor if you are seriously ill, on medication that affects your thinking, or anyone might later question your capacity. A solicitor can arrange for a doctor to assess and record your capacity, which helps prevent a later dispute. Read need a will urgently? for when an online will is and is not suitable.
What if you are moving abroad or own property overseas?
Get advice. SwiftWill prepares wills for people whose permanent home is in England or Wales, and its suitability questions send you to a solicitor if your permanent home is elsewhere or you own property or assets outside the UK. Scotland and Northern Ireland have different rules; see does SwiftWill work in Scotland.
What should you do when you are back?
Nothing, unless something has changed. A will does not expire after a trip or an operation. If you signed a new will, make sure the old original is destroyed, lodge the new one if you planned to, and review it after the next big change in your life. SwiftWill updates are free for the same people: keep your recovery file, change your answers and print and sign the new version. If your circumstances are straightforward, you can start a will and read the preview before paying.
Sources
- Wills Act 1837, section 9, section 15, section 18 and section 18B
- Wills Act 1963, section 1
- Administration of Estates Act 1925, section 46
- GOV.UK: making a will (writing, legal requirements and updating)
- GOV.UK: how to store a will with HM Courts and Tribunals Service
- GOV.UK: lasting power of attorney and making decisions for someone
- Office of the Public Guardian: service status as of 1 September 2026
- Mental Capacity Act 2005, section 24
Sources checked 24 September 2026.