What is the difference between a will and an LPA?
The difference is timing. A lasting power of attorney works while you are alive and ends when you die; GOV.UK says your affairs are then looked after by your executors, not your attorney. A will does nothing until your death.
| Question | Will | Lasting power of attorney |
|---|---|---|
| When does it work? | After your death | During your lifetime; ends when you die |
| Who acts? | Your executors | Your attorneys |
| What does it cover? | Who inherits your estate, who administers it, and guardians for children under 18 | Property and financial affairs, or health and welfare, or both (two separate LPAs) |
| How is it made valid? | Signed in front of two witnesses present together, who then sign (Wills Act 1837, s.9) | Signed in a set order by you, a witness, a certificate provider and your attorneys, then registered (Mental Capacity Act 2005, s.9) |
| Does it need registering? | No | Yes, with the Office of the Public Guardian, before it can be used |
| Official fee | None | £92 per LPA from 17 November 2025 |
| Can you change it? | Yes, by a new will or codicil, while you have capacity | You can revoke it while you have capacity (s.13) and make a new one |
Both documents need you to have capacity when you make them. A will needs the testamentary capacity described on GOV.UK as being of sound mind; an LPA needs you to be 18 or over and have capacity to make it (section 9(2)(c)).
Why do many people need both?
Because illness and death leave different gaps. After a stroke, a serious accident or a diagnosis of dementia, a will does nothing: you are still alive, so your executors have no authority, and nobody else automatically has authority over your money either. After your death, an LPA does nothing: it has ended, and your will takes over.
- A will lets you choose who inherits and who administers the estate, and name guardians for children under 18.
- A property and financial affairs LPA lets attorneys pay bills, manage accounts and, if needed, sell your home.
- A health and welfare LPA lets attorneys make decisions about care and treatment when you cannot, including life-sustaining treatment if the LPA expressly says so (section 11).
Whether you need both depends on your circumstances, but the gap an LPA fills is not limited to old age. The fees and forms are covered on lasting power of attorney cost.
What happens if you lose capacity without an LPA?
Nobody, including a husband, wife or adult child, automatically gets legal authority to manage your money and property. GOV.UK’s guide to making decisions for someone describes two ways to get that authority: being chosen by the person while they still have capacity, or applying to a court. Once capacity has gone, these routes are left:
- Day-to-day care and treatment. Carers and professionals can act in your best interests in connection with your care or treatment after taking reasonable steps to check your capacity (Mental Capacity Act 2005, section 5). This does not give anyone control of your finances.
- Benefits only. If the only task is dealing with benefits, someone can apply to become an appointee instead of a deputy (GOV.UK).
- Deputyship. For anything more, someone applies to the Court of Protection to be appointed your deputy. GOV.UK says a personal welfare deputy is usually appointed only where there is doubt about decisions being made in your best interests, or a specific issue needs deciding over time.
How much does deputyship cost compared with an LPA?
Deputyship costs more and has ongoing fees. These are the official fees on GOV.UK and in the Court of Protection Fees Order 2007 and Public Guardian (Fees, etc) Regulations 2007:
| Fee | LPA | Deputyship |
|---|---|---|
| To set it up | £92 registration fee (from 17 November 2025) | £432 Court of Protection application fee (from 13 July 2026), paid again for each type of deputy |
| If a hearing is needed | Not applicable | £266 (from 13 July 2026) |
| After appointment | No supervision fee | £100 assessment fee for a new deputy |
| Every year | None | £320 general supervision, or £35 minimal supervision (some property and affairs deputies managing less than £21,000) |
| Other costs | Any solicitor’s fee if you use one | Possibly a security bond, plus any solicitor’s fees; the deputy also sends an annual report to the Office of the Public Guardian |
Help with fees is available on both sides for people on low incomes or certain benefits. For a property and affairs deputyship application, GOV.UK says it is the finances of the person who lacks capacity that are assessed for help with the fee, and that the applicant can claim the fee back from that person’s funds. We do not estimate total deputyship costs, because solicitors’ fees, bond premiums and timescales vary too much to give a reliable figure.
How do a will and an LPA work together?
They hand over from one to the other, and each has limits that protect the other:
- An attorney cannot change your will. The Office of the Public Guardian’s LP12 guide says that is outside an attorney’s powers. If a new will is needed after you lose capacity, only the Court of Protection can authorise a statutory will (section 18).
- Attorneys’ gifts are limited. A property and financial affairs attorney can only make gifts on customary occasions, such as birthdays and weddings, or to charities you supported, and only if the value is reasonable given the size of your estate (section 12). That limits how far your estate can be given away before your will takes effect.
- The LPA ends at death and the executor takes over. Tell your attorneys where your will is, and tell your executors where your LPA is.
- You can choose the same people or different people. Some people name the same trusted relatives in both documents; others separate the roles, for example where there are children from more than one relationship.
Which should you do first?
Whichever you can complete sooner, while you have capacity. A will is valid as soon as it is properly signed and witnessed. An LPA has to be registered before anyone can use it, and the Office of the Public Guardian said on 1 September 2026 that this takes 8 to 10 weeks. If you have a planned operation or long trip coming up, see making a will before surgery or travel.
When is a solicitor the better route?
For either document, get advice if there is any doubt about capacity, a family dispute is likely, you own a business or assets abroad, or you need trusts. For wills, our solicitor checklist covers the common cases. SwiftWill prepares wills for straightforward estates in England and Wales; it does not prepare LPAs, which you can make through GOV.UK. To put the will half in place, start your will and read the preview before paying. More on LPAs: lasting power of attorney guide.
Sources
- Mental Capacity Act 2005, sections 9, 5, 11, 12, 13 and 18
- Wills Act 1837, section 9
- GOV.UK: make, register or end a lasting power of attorney
- GOV.UK: deputies, deputy fees and making decisions for someone
- Court of Protection Fees Order 2007, Schedule 1 (as amended from 13 July 2026)
- Public Guardian (Fees, etc) Regulations 2007, Schedule
- LP12: make and register your lasting power of attorney
- Office of the Public Guardian: service status as of 1 September 2026
Sources checked 24 September 2026.