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Tuesday 28th October 2025 Where there’s a will, there’s a way

Recent research suggests that only around a third of people have a will. Alarmingly, that means that around 40 million people living in the UK don’t currently have one.

Of these people surveyed, around 30% of parents still don’t have a will, and approximately a quarter of the population in the UK admit to having not even thought about writing a will.

The main reason for people not having a will is usually because they think they are too poor to need one. However, every year the treasury earns billions £ from both inheritance tax as well as from people who die intestate.

Other common reasons for not having a will are; because the person feels that they are unlikely to die soon, they don’t feel comfortable discussing death with a stranger, they’re worried about the number of decisions that they’ll need to make, and they generally don’t know where to start.

Research also suggests that men are slightly more likely than women to have a will and only around 1 in 10 people have told anyone where their will is kept.

 

 

Posted on October 28th 2025 at 10:16am
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Labels: will writing

Tuesday 21st October 2025 How can I leave a gift to charity in my online will?

Leave a gift to charity in my online will. Last year (2019) people left more than £3 billion in their wills to charities and good causes. At Premier Wills our technology makes it easy for you to leave a gift to charity in your will!

Here’s everything you need to know about legacy giving –

Why should I bother leaving anything to charity in my online will?

According to the Daily Telegraph, a little cash can go a long way for a charity –

£4 will pay for a counsellor to answer a child calling Childline. NSPCC

£2,000 would enable four musically talented young people from low-income families to receive a grant and a year of support for their music-making. Awards for Young Musicians

£5 will help buy equipment that researchers need to grow cells for their work. British Heart Foundation

1% of a £5,000 estate will kit out an assistance dog with a high-vis jacket and specialised harnesses. Support Dogs

0.1% of a £90,000 estate could pay for a class of 30 primary school children to receive the NSPCC’s Speak Out, Stay Safe programme to help protect them from abuse. NSPCC

£300 could feed 10 families in Syria for one month. British Red Cross

£1,000 could pay for four research study participants to have detailed MRI scans of their hearts. British Heart Foundation

There are 2 ways to leave money to charity in your online will –

How can I leave to charity in my online will?

You can:

Specify a named charity or charities that will benefit

or

Let the trustees of your Will decide.

If you select specific charities, then it’s best to include their registered charity numbers. This will help to avoid any administration confusion.

If you opt to let the trustees choose the charities, then we recommend that you provide them with some clear guidance.

What Can I Donate?

You can donate –

A fixed amount

An item

What’s left after other gifts have been given out

How does the inheritance tax work when I leave a gift to charity?

Your donation will either –

Be taken off the value of your estate before Inheritance Tax is calculated

or

Reduce your Inheritance Tax rate, if 10% or more of your estate is left to charity

Can Family Members Contest Donations In My Will?

This is unusual. But it’s important to be aware –

The Inheritance Act means that your will should reasonably provide for any financial dependents you may have. If you leave everything to charity, and choose not to provide for these dependants, then a family member may be able to contest your will.

If you left lots to charity, then family members could also argue that your will was made when you were not of sound mind.

Anything else I need to know?

As long as your will provides reasonable provision for any dependants, then can leave assets to whoever you choose, including charities.

Posted on October 21st 2025 at 10:14am
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Tuesday 21st October 2025 Write a Will Online! What Happens if you Die Without One?

Here’s why you should write a will online. Recent research shows that over half of the UK population die without making a valid will. Around 5.4 million people don’t know how to make one.

Most people believe that if they die without making a will, any assets they own will automatically go to their spouse and children. Unfortunately, this is not always the case!

Here’s why you need to write an online will –

If you die without making a will, your estate will be handled according to the laws of the intestacy. The laws of intestacy set out a hierarchy of distribution of an estate where a person dies without a will. Only married or civil partners and some other close relatives can inherit under the rules of intestacy, anyone else is not automatically entitled to inherit anything from the deceased’s estate.

Here’s our simple explanation of some of the hierarchy of intestacy rules –

A surviving spouse, but no children. Where there is a surviving spouse but no children, the spouse inherits everything.

A surviving spouse with children. Where there are a surviving spouse and children, the intestacy rules will share the estate as follows. The spouse of the deceased will receive everything up to the value of £250,000. Anything in addition to the £250,000 is divided in two. Half will go to the spouse; then any children will receive the other half when they reach the age of 18.

Children but no partner. If there are children but no married or civil partner, the children will inherit everything, and all proceeds will be equally split between them. ‘Children’ includes adopted children but not stepchildren.

No partner and no children. The estate will fall to the deceased’s parents. If the parents of the deceased have died, the assets will be distributed in the following order:

1. Brothers and sisters (or nephews and nieces if the sibling has died)

2. Grandparents

3. Uncles and aunties (or cousins if the uncle or aunt has died

If this isn’t possible, the estate goes to the Crown.

What happens to joint assets under intestacy?

If the home is jointly owned, the deceased’s share will automatically pass to the surviving partner.

Suppose the home is owned as ‘tenants in common’. In that case, the survivor isn’t automatically entitled to inherit the share of the property. Therefore the deceased’s share will pass under the laws of intestacy.

Couples may own joint bank accounts or building society accounts. The ‘survivorship rule’ applies in this instance also where the surviving partner will automatically inherit all the money in the account.

It’s important to point out, the rules of intestacy may not distribute the estate in the most tax-efficient way.

Write an online will! It’s one of the most important things you can do because it allows you to decide how your assets will be distributed and to whom on your death.

Posted on October 21st 2025 at 10:10am
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Labels: will writing

Tuesday 21st October 2025 How easy is it to write an online will?

How easy is it to write an online will? The short answer is ‘very easy’! That’s why we say ‘the easiest way to write an online will!’

A recent client (female, 55+) commented – “Premier Wills Online is a great way to sort out your will. The process is simple and easy to follow with lots of options”.

A married couple is their early 40s also commented – “Premier Wills made the whole process easier than we ever could have imagined. The system was very efficient and easy to use. We appreciate being able to make and save changes as and when we need to”.

To write an online will with Premier Wills, you just need to follow these simple steps –

1. Create an account

2. Tell us why you want a will

3. Complete and review each section

4. Finalise and pay for your documents

It really is that simple!

 

An online will from Premier Wills carries the same amount of credibility (or clout) as one written by a will writer or a solicitor. With Premier Wills, you’ll have the benefit of convenience – you’re able to do your will whenever you want to. You’re also likely to pay a lot less!

With Premier Wills, you have total peace of mind. We’re safe and secure, we use the latest technology, and we were created by experienced practising lawyers.

However, we’re also a member of The Society of Will Writers.

Founded in 1984, the Society of Will Writers has grown to become the largest and the leading self-regulatory body governing Will Writers and Estate Planners. They currently have around 1,700 members across the U.K., Europe and further afield.

Advice from the Society of Will Writers recommends – “When choosing your Will Writer, always be sure to look out for their membership grade and any of the Society’s logos. All are a public assurance of their bearers’ expertise and competence.”

Posted on October 21st 2025 at 10:03am
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Labels: will writing

Monday 20th October 2025 Choosing the Right Executor for Your Will

Your executor is the person (or people) who will sort out your estate when you die and make sure your Will is followed. It’s an important role — so it’s worth choosing carefully.

Here are the key things to consider.

1. Do you trust them?

This is the big one. Your executor will:

  • collect in your money and assets
  • pay funeral costs and debts
  • deal with HMRC (Inheritance Tax, Income Tax, Capital Gains Tax if needed)
  • and pass what’s left to your beneficiaries, as your Will says

So choose someone sensible, fair, and reliable.
 

2. Can they cope with the admin?

Even simple estates can take months. A good executor is:

  • organised
  • good with paperwork
  • willing to speak to banks, solicitors, and HMRC
  • calm if there’s family tension

They don’t have to do it all themselves — executors can always hire professionals and pay for them from the estate — but picking someone who isn’t scared of admin helps.
 

3. One executor or two?

You can name up to four executors, but they have to act together — so too many can get messy.

A good setup for most people:

  • 1 main executor (the person you really want to do it)
  • 1 backup / joint executor (in case the first can’t or doesn’t want to act)

That way, if one dies before you or renounces the role, there’s someone else in place.
 

4. Can a beneficiary be an executor?

Yes — this is very common. Your spouse, partner, or adult child can both inherit and act as executor.

Just remember: they can’t be a witness to your Will if they’re also a beneficiary.
 

5. Age and availability

At least one executor must be 18 or over to apply for probate. You can name someone younger, but they can’t act until they’re 18 — so it’s sensible to name an adult alongside them.

If you’re leaving something to a child or someone who isn’t able to manage money, you should name two executors.
 

6. Should you name your spouse/partner?

You can — and lots of people do. But remember: they’ll also be grieving.

A good option is to name:

  • your spouse/partner and
  • another trusted person (adult child, sibling, friend)

That shares the load.
 

7. Using a professional executor

You can appoint a solicitor, accountant, bank, or probate specialist as your executor. The good thing is: they know what they’re doing. The downside: cost.

Typical costs can run into the thousands, especially for full probate and estate administration.

Often the best approach is:

  • appoint someone you trust as executor
  • tell them they can get professional help at the time if the estate turns out to be complicated

That’s usually more cost-effective.

(If you do want a professional executor, make sure you understand how they charge and whether they’ll agree to step aside if your family wants to deal with it themselves.)
 

8. Do you need substitutes?

Yes — it’s smart to name replacement or reserve executors in your Will (Premier Wills Online lets you do this easily). That way, if your first choice has died, is ill, or just doesn’t want the job, someone else can step in without changing the whole Will.

 

9. What if you don’t have anyone?

If there’s truly no one suitable, it’s still better to make a Will. A professional or, in some cases, the Public Trustee can act — but they will charge from the estate.
 

10. Get their details right

Whoever you choose, make sure your Will includes:

  • full name
  • current address
So they can be identified and contacted easily.

And ideally: ask them first so it’s not a surprise.

 

If you’re ready to put this into place:

That way, the people you trust - not the court - are in charge.

 

Posted on October 20th 2025 at 02:58pm
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Saturday 18th October 2025 Do I Need a Will If I Don’t Have Children? Yes. Here’s Why.

Not having children (or even a spouse) makes a lot of people think, “Well… who am I writing a Will for?” It’s a fair question. But it’s also the reason so many people die without a Will and unintentionally hand all the power over their estate to the law, not to the people or causes they actually care about.

At Premier Wills Online, we see this all the time: single people, people without children, people with distant family, or people whose closest connections are friends or charities, and they assume a Will is “for families.” It isn’t. A Will is for anyone who wants control.

Below is why you still 100% need a Will, maybe even more than someone with a traditional family setup.
 


 

1. If You Don’t Choose, the Law Chooses

When someone dies without a Will, they die intestate. That means your estate (your money, property, savings, possessions) gets distributed according to UK intestacy rules, not according to what feels fair or logical to you.

If you don’t have children or a spouse, the law will start working its way outwards through your relatives — parents, siblings, nieces/nephews, sometimes very distant relatives. If none exist, your estate could eventually pass to the Crown.

Ask yourself: Is that what you would choose?
If not, you need a Will.

Start your Will now with Premier Wills Online
 

 

2. “But I Don’t Mind Who Gets It” … Are You Sure?

Lots of people without children tell us, “I don’t really mind where it goes.” But most people do mind if you ask a couple more specific questions:

  • Would you rather it go to your favourite sibling or one you barely speak to?
  • Would you rather leave something to a close friend who was there for you?
  • Would you prefer your money to support a charity, church, or cause you care about rather than being swallowed by legal fees?
  • Would you like to thank someone — a carer, neighbour, or grandchild of a friend — with a gift?
  • Do you have pets that need to be looked after?

A Will lets you be intentional. Without one, everything becomes generic. And generic rarely equals fair.
 


 

3. You Can Protect Against “Unintended Beneficiaries”

Without a Will, your assets can end up:

  • With relatives you barely know
  • Tied up in delays and legal work
  • Reduced by disputes between people who think they’re entitled

It’s not always about “who gets rich from your estate” — sometimes it’s about avoiding arguments and admin. A clear, valid Will from Premier Wills Online tells everyone: this is what I wanted. That’s powerful.
 


 

4. You Can Do Something Brilliant With Your Money

One of the biggest advantages of not having children is freedom.

With a Will, you can:

  • Leave a lump sum to a charity or multiple charities
  • Support a local community project or club
  • Set aside money for nieces, nephews, or godchildren
  • Leave a gift to someone who cared for you
  • Support a cause that aligns with your values (animal welfare, education, medical research, faith organisations, etc.)

This is legacy. Children aren’t the only legacy. A Will lets you make a statement about what mattered to you.
 


 

5. You Can Reduce or Plan for Inheritance Tax (Yes, Even Without Kids)

A lot of people think Inheritance Tax (IHT) is only a “wealthy family” problem. Not true. If you own a property and have savings, you could easily drift into IHT territory — especially in parts of the UK where house prices are high.

With a Will, and especially with some basic planning, you can:

  • Leave money to charity and reduce IHT

  • Make sure your estate is distributed in a tax-efficient way
  • Avoid your estate being unnecessarily reduced by tax or legal costs

A little planning now can mean thousands of pounds more go to people or causes you actually care about.
 


 

6. You Can Set Out Your Wishes (So People Don’t Guess Later)

A Will isn’t only about money.

You can also set out:

  • Your funeral wishes (burial/cremation, religious/non-religious, music, no fuss, etc.)
  • Who should deal with your estate (your Executors)
  • What should happen to personal items (jewellery, family items, collections)
  • Instructions for pets

If you don’t do this, your loved ones have to make decisions in a stressful moment — and they may disagree. A Will gives clarity.
 


 

7. You Might Not Be “Heirless” Forever

Right now you might be single, no children, small circle. But life changes. You could form a new relationship, become a step-parent, take in a relative, or want to leave money to someone younger.

The good news: Wills can be updated. Starting one now with Premier Wills Online is smart, not premature. You get control today and can refine it tomorrow.
 


 

8. Dying Without a Will Can Get Expensive

This bit is rarely talked about. Dying intestate can mean:

  • Delays in probate
  • Extra legal costs
  • Disputes between relatives
  • Your estate paying for it all

That means less of your money goes to the people or causes you would have chosen.

A Will is one of the cheapest, most powerful bits of legal admin you can do.
 


 

9. It’s Quick to Do Online

You don’t need to sit in a solicitor’s office for hours to do this. With Premier Wills Online you can create a fully legal, personalised Will from home, at your own pace.

Create your Will now with Premier Wills Online
 

 

So… Do You Need a Will If You Don’t Have Children?

Yes.
Because a Will isn’t about how many dependants you have — it’s about who decides.

  • Do you decide where your money goes?
  • Or do the rules decide for you?

If you’d rather keep control, Start your Will online with Premier Wills Online

Posted on October 18th 2025 at 11:45am
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Labels: will writing

Sunday 12th October 2025 How Do You Deal With Digital Legacy in a Will?

Most people now leave behind two estates when they die:
  1. Their physical estate — house, money, belongings
  2. Their digital estate — emails, social media, photos, online banking, subscriptions, maybe crypto
Your Will usually deals with the first one. But what about the second?
 
If no one can get into your accounts, your photos are stuck, your domain name expires, your social media stays live forever, and your crypto… well, that can be lost for good.
 
So it’s smart to plan for your digital legacy.
 
 

What is digital legacy?

Digital legacy is everything you own or control online that will outlive you.

It can include:

  • Email accounts (Gmail, Outlook, iCloud)

  • Social media (Facebook, Instagram, X, TikTok, LinkedIn)

  • Cloud storage (Google Drive, iCloud, Dropbox, OneDrive)

  • Photos and videos stored online

  • Online banking, PayPal, Stripe, Wise

  • Online-only businesses (Etsy, eBay, Shopify, Gumroad)

  • Subscriptions (Netflix, Spotify, Apple, Amazon)

  • Domain names and websites

  • Loyalty/rewards accounts

  • Digital assets (ebooks, music, software licences)

  • Cryptocurrency and NFTs

Some of these have sentimental value (family photos, social media posts).
Some have financial value (PayPal balance, crypto, online business).
Some are just admin (bills, accounts, domains).

 

 

How to handle passwords securely?

This is the tricky bit. On the one hand, your executor needs access. On the other hand, you must not put all your passwords in your Will.

Why not?

  • Your Will can become a public document after probate

  • Passwords change

  • It’s unsafe to put login details in a static legal document

So instead of putting passwords in the Will, do this:

  1. Create a digital assets list
    Make a separate document that lists your important online accounts and what they are (e.g. “Facebook account”, “Gmail (personal)”, “PayPal business”, “Binance account”, “Shopify store”).

  2. Use a password manager
    Store your logins in a secure password manager (1Password, Bitwarden, LastPass, etc.). Then in your Will, you can give your executor authority to access “my password manager and any related digital accounts for the purpose of administering my estate.”

  3. Tell your executor how to access the manager
    This can be done via:

    • a trusted contact feature

    • an emergency access feature

    • or written instructions stored somewhere safe (NOT in the Will)

  4. Give permission in your Will
    Because of privacy laws and computer misuse legislation, it’s helpful to include wording that says your executors are allowed to access, download and delete your digital accounts. It shows your intention.

  5. Keep it updated
    Your logins change way more often than your Will — so keep the separate list updated, not the Will itself.

 

 

What about cryptocurrency?

Crypto needs its own mention because it’s easy to lose and hard to recover.

Key points:

  • Crypto isn’t like a bank account — there’s no “forgot password” button for your private keys.

  • If no one knows you have it, or where the wallet is, or what the seed phrase is… it’s gone.

  • If you keep your seed phrase in your Will, that’s insecure.

Best practice:

  1. Acknowledge it in your Will
    Say that you own digital assets/cryptocurrency and that your executors are authorised to access and distribute them.

  2. Keep seed phrases / private keys separate
    Store them offline in a secure location (safe, bank deposit box, encrypted file) and tell your executor where to find them.

  3. Document the platforms
    Note whether it’s on an exchange (Coinbase, Kraken, Binance) or self-custody (Ledger, Trezor, software wallet). Access steps are different.

  4. Explain your intentions
    Do you want it sold and converted to GBP? Passed as crypto to someone who knows how to look after it? Split? Your Will (or a letter of wishes) can say.

  5. Consider two-step access
    For high-value crypto, some people use a “2 people needed to unlock” approach so that no single person can just take it.

 
 

Do I need a separate Will to cover this?

Usually: no.
Most people don’t need a separate “digital Will”.

What you need is:

  1. A normal Will that:

    • appoints executors

    • gives them explicit authority to access and deal with digital assets

    • says your digital assets form part of your estate

  2. A separate, non-public document (sometimes called a digital assets register or inventory) that:

    • lists your accounts

    • says what you want done with them (delete / memorialise / transfer / archive)

    • tells them where to find passwords/seed phrases

  3. Optionally, a letter of wishes
    This isn’t a formal Will but can guide your executors on things like:

    • “Please download and share all family photos with X”

    • “Please close all social media accounts except Facebook — set to memorial”

    • “Please keep my personal blog online for 12 months”

 
 

What should I actually put in my Will?

You can speak to a professional for wording, but in general your Will should:

  • confirm that your “property” includes digital assets

  • authorise your executors to access, manage, download, transfer or delete your digital assets

  • authorise them to contact service providers (e.g. Google, Apple, Meta) to request access/closure

  • point to any separate guidance you’ve left

 
 

Extra things people forget

  • Social media: some platforms (Facebook, Google, Apple) let you set a “legacy contact” or “inactive account manager” now — do it while you’re alive.

  • Paid subscriptions: someone needs to cancel them, or your account keeps paying.

  • Domain names/websites: if no one renews them, they expire — this can matter for family businesses.

  • Shared storage: family photos in one person’s iCloud/Google Photos get lost if no one can access them.

  • Privacy: you can ask for some digital content to be deleted, not passed on.

 
 

In summary

  • Digital stuff doesn’t automatically sort itself out when you die.

  • Your Will should mention digital assets.

  • Your passwords/keys should be kept outside the Will, but signposted in it.

  • Crypto needs extra care.

  • In most cases, one Will is enough — just drafted with the digital world in mind.

 

Posted on October 12th 2025 at 10:53am
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Thursday 09th October 2025 Will Jargon Buster

Not sure what all the legal words mean? Let’s untangle them.

At Premier Wills Online, we think making a Will should be clear, calm, and hassle-free. Below is a simple guide to the most common terms you’ll come across when writing or reviewing a Will.

If you’re still unsure about anything, you can:


 

Probate

What it means:
Probate is the legal process of dealing with someone’s estate after they die, gathering their assets, paying any debts/tax, and passing what’s left to the right people.

Usually the court issues a document (often called a Grant of Probate or Grant of Representation) which gives the person in charge the authority to deal with banks, HMRC, and other organisations.
 


 

Beneficiary

A beneficiary is simply someone who receives something in a Will, money, property, an item, or even the whole estate.


 

Testator

The testator is the person making the Will.

(If it’s a woman, some older documents say “testatrix” — but “testator” is now used for everyone.)
 


 

Intestate / Intestate Estate

If someone dies without a valid Will, they are said to have died intestate.
Their estate is then shared out according to the intestacy rules of England and Wales, not according to what they may have wanted.

That’s one of the big reasons we recommend having a Will, even if your situation is straightforward.
 


 

Executor

An executor is the person (or people) named in your Will to sort everything out when you die.

Their job is to:

  • find out what you owned and what you owed
  • keep estate accounts
  • pay funeral costs and debts
  • and then distribute your estate exactly as your Will says

Executors have a legal duty to act properly, which is why it’s important to choose people you trust.
 


 

Administrator

If there is no valid Will, there’s no executor named. In that case, the court will appoint someone to do the job, this person is called an administrator.

So:

  • Executor = named in a Will
  • Administrator = appointed because there was no Will (or no available executor)
     

 

Specific Legacy (or Specific Gift)

This is a gift of a particular item to a particular person.

For example:

  • “I leave my diamond ring to my niece Anna.”
  • “I leave my classic car to my brother.”

That’s a specific legacy.
 


 

General Legacy / Pecuniary Legacy

This is a gift paid from the general estate, usually a set amount of money.

For example:

  • “I leave £5,000 to my friend James.”
  • “I leave £2,000 to Cancer Research UK.”

Those are general (pecuniary) legacies.
 


 

Trust

A trust is a legal arrangement where property or money is looked after by people (trustees) for someone else’s benefit.

Trusts are often used to:

  • protect money for children until they’re old enough
  • provide for a partner but make sure assets eventually go to children
  • help with tax or care-fee planning

(You can set up many common trusts directly in your Will.)

You can add trust provisions when you create your Will online with Premier Wills Online.
 


 

Trustee

A trustee is the person (or people) you appoint to manage assets in a trust.
They must act in the best interests of the person who is meant to benefit (the beneficiary).

Sometimes your executors can also act as trustees, it depends how your Will is written.
 


 

Mirror Wills

Mirror Wills are two Wills, usually for couples, that say almost the same thing.

Example:

  • Each leaves everything to the other first
  • And then, on the second death, to the same children/beneficiaries

They’re popular for married couples, civil partners, and long-term partners who want to protect each other and make sure the estate eventually passes to the right people.

(Partners can still have separate Wills if their wishes are different.)
 


 

Living Will / Advance Decision

A Living Will (also called an Advance Decision or Advance Directive) is not about money or property.

It’s a document where you set out your wishes for medical treatment in case, in the future, you can’t communicate or make decisions yourself.

For example, you can say whether you would or would not want certain life-sustaining treatments.

It sits alongside your Will, not instead of it.
 


 

Lasting Power of Attorney (LPA)

A Lasting Power of Attorney (LPA) lets you legally appoint someone you trust to make decisions for you if you can’t do so yourself later on.

There are two main types:

  1. Property and Financial Affairs LPA – for money, bills, bank accounts, property
  2. Health and Welfare LPA – for care, medical treatment, and daily living decisions

If you don’t have an LPA and you lose capacity, your family may have to apply to the court, which is slower, more expensive, and you don’t get to choose who acts.

That’s why we often say:

  • Will = what happens when you die
  • LPA = what happens if you can’t decide while you’re alive

If you’re reading this because you’re about to make your Will, you’re in the right place.

Start your Will now with Premier Wills Online

Posted on October 09th 2025 at 09:02am
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Monday 25th August 2025 Does My Will Include Power of Attorney?

Short answer: no — your Will and your Power of Attorney are two different things.

A lot of people assume that if they’ve named someone in their Will — a partner, an adult child, a close relative — that person will automatically be able to step in and make decisions for them if they lose capacity.
 
That isn’t how the law works in the UK.
 
A Will only takes effect after you die.
A Lasting Power of Attorney (LPA) only works while you’re alive.
 
You need both if you want full protection.
 

Will vs Power of Attorney: what’s the difference?

Your Will
  • Says what happens to your money, property and possessions after your death
  • Appoints executors to carry out your wishes
  • Can provide for children, partners, charities, etc.
  • Has no effect while you’re alive
Your Power of Attorney
  • Says who can make decisions for you while you’re still alive but can’t make them yourself
  • Is used if you lose mental capacity, become very unwell, or are temporarily unable to manage things
  • Stops automatically when you die
  • Does not get created automatically just because you wrote a Will
So: a Will deals with death; a Power of Attorney deals with life.
 

Why isn’t Power of Attorney included in a Will?

Because they do different legal jobs, they’re separate legal documents.

Even if it “makes sense” to you that your spouse or main beneficiary should make decisions for you, that won’t stand up if a bank, doctor, or court asks for proof. They need to see a registered LPA (or, without one, your family may have to go to the Court of Protection).

 

Types of Lasting Power of Attorney

In England and Wales there are two main LPAs:

  1. Property and Financial Affairs LPA

    • Lets someone you choose manage money, bills, bank accounts, home, pensions, selling property

  2. Health and Welfare LPA

    • Lets someone make medical/care decisions, where you live, sometimes life-sustaining treatment decisions

 

What happens to Power of Attorney when you die?

It ends.

  • Your attorney can’t use your LPA after death

  • They can’t change your Will

  • They can’t make a new Will for you

  • After death, the people who have authority are your executors (the ones named in your Will)

Can an attorney change my Will?

No — not without the court.

Attorneys must follow the Mental Capacity Act and act in your best interests, but they can’t rewrite your Will. If someone has lost capacity and doesn’t have a valid Will (or needs to update it), there’s a route via the Court of Protection for a statutory Will — but that’s formal and not automatic.

 

Do I really need both?

For most people: yes.

  • Will → controls who gets what when you die

  • LPA → controls who decides if you can’t decide for yourself

Having a Will without an LPA can leave your family stuck if you’re alive but unable to manage things.
Having an LPA without a Will can leave confusion about where your money goes after death.

 

What if I don’t have anyone to appoint?

You can still make a Will.
For Power of Attorney, you can:

  • appoint more than one attorney to act together

  • appoint a replacement attorney

  • in some cases, use a professional — but that has costs

 

Key points to remember

  • A Will does not include a Power of Attorney

  • A Power of Attorney stops when you die

  • Your attorney can’t change your Will

  • If you want someone to manage things while you’re alive and to inherit after you die, set up both a Will and an LPA

  • Doing them at the same time usually gives the clearest, most consistent instructions

 

Posted on August 25th 2025 at 04:33pm
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