UK Lasting Power of Attorney vs Will Compared

Two documents, two purposes

LPAs and wills are sometimes confused but serve distinct purposes. An LPA covers decisions during the donor's lifetime if they lose mental capacity. A will covers the distribution of the estate after death. Most adults benefit from having both.

When the LPA takes effect

An LPA for Property and Financial Affairs can be used as soon as it is registered, with the donor's permission, even while they have capacity. This allows attorneys to help with finances before any capacity loss. An LPA for Health and Welfare can only be used once the donor has lost capacity to make the specific decision.

When the will takes effect

A will takes effect only on death. It has no operation during the testator's lifetime. The executors named in the will obtain probate (or letters of administration in some cases) and then administer the estate according to the will.

What happens without an LPA

If the donor loses capacity without an LPA in place, the Court of Protection appoints a deputy. The application process takes 4 to 6 months, costs more than registering an LPA, and produces ongoing supervision and reporting requirements. Bank accounts may be frozen during the interim.

What happens without a will

If the testator dies intestate (without a will), the estate is distributed according to the statutory intestacy rules. These rules often produce outcomes the deceased would not have chosen, particularly in blended families, cohabiting couples, or where step-children are involved.

Combining both

The standard recommendation is to have both an LPA (Property and Financial Affairs and Health and Welfare) and a will. Together they cover the two main contingencies of adult life: capacity loss and death. Both can be reviewed and updated as circumstances change.

Different attorneys and executors

The same people can be attorneys and executors, but they do not have to be. The right person for capacity-loss decisions may differ from the right person to administer the estate. A professional executor (solicitor) may be useful for administration; family members may be more appropriate as attorneys.

Costs

LPA registration fees are GBP 82 per LPA (with fee remission for low income). Standard solicitor LPAs typically cost GBP 200 to GBP 500 in addition to the registration fee. Will costs range from GBP 30 to GBP 100 (online) up to GBP 2,000+ (complex solicitor wills).

Storage

Both LPAs and wills should be stored where they can be found when needed. Solicitors typically offer free storage. Attorneys and executors should know where the documents are. The original signed documents are required for use.

The IHT regime: rates, bands, and reliefs

UK inheritance tax is charged at 40 percent on estates above the available nil-rate bands under the Inheritance Tax Act 1984. The standard nil-rate band is GBP 325,000 per individual, frozen until 2030 under successive Budget announcements. The residence nil-rate band (RNRB) of up to GBP 175,000 applies where a qualifying residential interest passes to direct descendants on death.

Both bands are transferable between spouses and civil partners. A married couple or civil partners can therefore shelter up to GBP 1 million on the second death where the home passes to direct descendants. The RNRB tapers above GBP 2 million of estate value, reducing by GBP 1 for every GBP 2 of estate over the threshold and being extinguished entirely for estates above GBP 2.35 million (or GBP 2.7 million in the transferable case).

Where at least 10 percent of the estate (after exemptions and the nil-rate band) is left to charity, the IHT rate on the rest of the estate falls to 36 percent from 40 percent. The reduced rate is intended to incentivise charitable legacy planning and has been used widely since its introduction in 2012.

Lifetime gifts and the 7-year rule

Gifts during lifetime above the annual exemptions are potentially exempt transfers (PETs) and fall outside the estate after 7 years. Gifts made between 3 and 7 years before death benefit from taper relief on any tax above the available nil-rate band: 20 percent reduction in IHT for gifts 3 to 4 years before death, rising to 80 percent reduction for gifts 6 to 7 years before death.

The annual exemptions cover smaller gifts without using the 7-year clock. Each individual has a GBP 3,000 annual exemption per tax year (which can be carried forward one year if unused). Small gifts up to GBP 250 per recipient per tax year are exempt. Wedding gifts are exempt: GBP 5,000 from each parent to a child marrying, GBP 2,500 from grandparents, GBP 1,000 from anyone else.

Gifts out of normal expenditure from surplus income are exempt without time limit if the donor establishes a regular pattern and retains a reasonable standard of living. The exemption is particularly useful for high earners with surplus income they wish to pass to family on a regular basis. Documentation establishing the regular pattern is essential for the exemption to apply in practice.

Business Property Relief and Agricultural Property Relief

Business Property Relief (BPR) reduces the IHT value of qualifying business assets by 50 or 100 percent. The 100 percent relief applies to interests in an unincorporated business, shares in an unquoted trading company, and shares in a quoted trading company where the deceased had control. The 50 percent relief applies to controlling shareholdings in quoted trading companies and certain other assets used in a business.

Agricultural Property Relief (APR) reduces the IHT value of agricultural property by 100 or 50 percent. The 100 percent relief generally applies to owner-occupied farmland; the 50 percent relief applies to tenanted farmland under certain conditions. The relief covers the agricultural value, not necessarily the full market value where development potential exists.

The Autumn Statement 2024 announced reforms to BPR and APR from April 2026, including a GBP 1 million combined cap on 100 percent BPR/APR. Above the cap, relief reduces to 50 percent. The reforms are being implemented through Finance Bill legislation and are expected to reshape estate planning for business owners and farmers significantly.

Wills, intestacy, and probate

A UK will must be in writing, signed by the testator, and witnessed by two adults present at the same time under section 9 of the Wills Act 1837. Beneficiary witnesses (or their spouses) invalidate the gift to the beneficiary under section 15, though the rest of the will stands. Marriage automatically revokes a prior will unless made in contemplation of the new marriage; divorce treats gifts to the former spouse as if they predeceased.

Intestacy rules under the Administration of Estates Act 1925 (as amended) follow a statutory hierarchy where there is no valid will: spouse and civil partner first with a statutory legacy of GBP 322,000 for deaths from 26 July 2023; then biological and adopted children sharing the residue; then more remote relatives. Step-children are not included in the intestacy hierarchy.

Probate is the process of obtaining authority to administer the estate. The executors named in the will apply to the Probate Registry; where there is no will, letters of administration are granted to the next-of-kin. The Probate Registry application fee is GBP 300 from January 2022 for estates above GBP 5,000. Solicitor probate fees typically run from 1 to 3 percent of estate value for full probate services.

Trusts in estate planning

UK trusts are widely used in estate planning. Bare trusts give the beneficiary an immediate absolute interest. Interest in possession trusts give a beneficiary a right to income with capital passing later. Discretionary trusts give trustees discretion over which beneficiaries to benefit and when. Most lifetime trusts (other than bare trusts and disabled persons trusts) fall within the relevant property regime: entry charges of up to 20 percent on creation, periodic 10-year charges of up to 6 percent, and proportionate exit charges.

Will trusts (created on death by the will) include life interest trusts giving a surviving spouse a right to occupy the family home with capital passing to children later, and discretionary trusts giving trustees flexibility over how the estate is distributed. Will trusts have their own tax treatment that depends on the structure.

The Trust Registration Service operated by HMRC under the EU Fifth Money Laundering Directive requires most UK trusts to register with HMRC. Beneficial ownership information is held on the register, accessible to law enforcement and certain other authorities. Limited exemptions apply for some trust types.

Cross-border estate planning

UK residents with assets in multiple jurisdictions face overlapping inheritance and succession rules. The general English rule is that immovable property (land and buildings) follows the law of the country where it is located, while movable property (financial assets, personal effects) follows the law of the deceased's last domicile. From 6 April 2025 the UK moved from a domicile basis to a residence basis for IHT, with the long-term residence test (10 of last 20 years) replacing deemed domicile.

The EU Succession Regulation (EU 650/2012) allows individuals to elect for the law of their nationality to apply to their estate, potentially avoiding forced heirship rules in EU member states. The Regulation does not apply in the UK but applies to UK citizens with assets in EU member states. Specialist cross-border estate planning advice is essential for individuals with material foreign assets.

UK probate of an estate with foreign assets typically requires separate grants in each country. Mirror wills (separate wills in each jurisdiction drafted by local lawyers, harmonised so that neither revokes the other) are the standard approach. Apostille certification under the Hague Apostille Convention 1961 facilitates cross-border recognition of probate documents.

Funeral planning and end-of-life arrangements

Funeral planning is increasingly handled through prepaid funeral plans regulated by the FCA from 29 July 2022. Plans must meet specific consumer protection standards including ring-fencing of customer funds and clear disclosure of what is covered. The FCA Register at register.fca.org.uk lists authorised funeral plan providers.

Average UK funeral costs vary substantially by region and type. SunLife's annual Cost of Dying report tracks the average; figures published for recent years have placed basic funerals between GBP 3,500 and GBP 4,500, with additional costs for memorials, wakes, and other elements. Cremation and direct cremation options are typically lower-cost than burial.

The probate process timeline

Probate of an estate typically takes 6 to 12 months for a straightforward case. The executors gather information about the estate's assets and liabilities, submit form IHT400 or IHT205 (depending on estate value and complexity), pay any IHT due, obtain the Grant of Probate from the Probate Registry, collect the assets, pay any debts and legacies, and distribute the residue to the beneficiaries. Complex estates with foreign assets, business interests, or contested elements can take 18 to 36 months or longer.

The IHT400 form is required for estates above the excepted estates limits or where IHT is payable. The form is detailed (over 20 pages plus supplementary forms) and is typically prepared by a solicitor or qualified probate practitioner. The Probate Registry application fee is GBP 300 for estates above GBP 5,000 from January 2022.

Disclaimer

This article provides general information on UK LPAs and wills and is not personal legal advice. Each situation differs; specialist legal advice is recommended.

Frequently asked questions

Do I need both an LPA and a will?

Most adults benefit from both. An LPA covers lifetime capacity-loss decisions; a will covers distribution of the estate after death.

Can the same person be attorney and executor?

Yes, but they do not have to be. The right person for each role may differ.

Does an LPA continue after death?

No. LPAs end automatically on the donor's death. The will and executors then take over.

What happens if I lose capacity without an LPA?

The Court of Protection appoints a deputy. The process takes 4 to 6 months and is more expensive than registering an LPA in advance.

What happens if I die without a will?

Intestacy rules apply, distributing the estate according to a statutory priority order.

Frequently asked questions

Do I need both an LPA and a will?

Most adults benefit from both. An LPA covers lifetime capacity-loss decisions; a will covers distribution of the estate after death.

Can the same person be attorney and executor?

Yes, but they do not have to be.

Does an LPA continue after death?

No. LPAs end automatically on the donor's death. The will and executors then take over.

What happens if I lose capacity without an LPA?

The Court of Protection appoints a deputy. The process takes 4 to 6 months and is more expensive than registering an LPA in advance.

What happens if I die without a will?

Intestacy rules apply, distributing the estate according to a statutory priority order.