Wills & Power of Attorney UK: Homeowner's Guide

Why Every Homeowner Needs a Will

If you own property — especially with a mortgage — a will is essential. Without one, the rules of intestacy decide who inherits your estate, and the results can be surprising:

• Unmarried partners inherit nothing, even if you've lived together for decades
• Children may inherit everything, leaving a surviving partner without the family home
• The estate may need to be sold to divide assets between beneficiaries
• The process takes significantly longer and costs more without a will

A will lets you specify exactly who inherits your property, who looks after your children (guardianship), and who manages the process (executors). If your home is your biggest asset, a will protects it.

What Is a Power of Attorney?

A Power of Attorney (PoA) is a legal document that lets you appoint someone you trust (your "attorney") to make decisions on your behalf. In England and Wales, the most common type is a Lasting Power of Attorney (LPA).

There are two types of LPA:

• Property and Financial Affairs LPA — covers managing your bank accounts, paying bills, selling property, and handling mortgage payments. Can be used while you still have mental capacity (with your permission) or if you lose it.
• Health and Welfare LPA — covers medical treatment decisions, care arrangements, and life-sustaining treatment. Can only be used once you've lost mental capacity.

You can set up one or both. For homeowners with a mortgage, the Property and Financial Affairs LPA is particularly important — it ensures someone can continue managing your mortgage payments and finances if you become incapacitated.

Lasting vs Ordinary Power of Attorney

It's important to understand the difference:

• Ordinary Power of Attorney — only valid while you have mental capacity. Useful for temporary situations (e.g. you're abroad and need someone to handle a property sale). Ends if you lose capacity.
• Lasting Power of Attorney (LPA) — remains valid even if you lose mental capacity. This is the one you need for long-term protection.

If you become incapacitated without an LPA, your family would need to apply to the Court of Protection to manage your affairs — a process that can take months and cost thousands of pounds.

How to Set Up a Lasting Power of Attorney

The process for setting up an LPA in England and Wales:

1. Choose your attorney(s) — this can be anyone over 18 whom you trust. You can appoint multiple attorneys to act jointly, severally, or jointly for some decisions and severally for others.
2. Complete the LPA forms — available online via the Office of the Public Guardian (OPG) or through a solicitor.
3. Choose a certificate provider — an independent person who confirms you understand the LPA and aren't being pressured. This can be a professional (solicitor, doctor) or someone who has known you well for at least 2 years.
4. Register with the OPG — the LPA must be registered before it can be used. Registration costs £82 per LPA (2026 rate). Processing takes approximately 20 weeks.

You can do this yourself using the government's online tool, or a solicitor typically charges £300–£600 per LPA including registration.

Writing Your Will: What to Include

A valid will should cover:

• Your property — who inherits the house, how joint ownership is handled (especially for joint mortgages)
• Other assets — savings, investments, pensions (though pension nominations are usually separate)
• Guardianship — who looks after your children if both parents die
• Executors — who manages the process of distributing your estate
• Funeral wishes — burial or cremation preferences
• Specific gifts — particular items or sums to named people or charities

For your will to be legally valid in England and Wales, it must be signed by you in the presence of two witnesses, who also sign it. Witnesses (and their spouses) cannot be beneficiaries.

How Much Does It Cost?

Typical costs in the UK (2026):

• Simple will — £150–£300 via a solicitor; from £30–£90 via an online will-writing service
• Mirror wills (couples) — £250–£500 for a pair
• LPA registration — £82 per LPA (paid to the OPG)
• Solicitor-drafted LPA — £300–£600 per LPA including registration
• Court of Protection (without an LPA) — can cost £1,000–£3,000+ and take months

Many solicitors offer will and LPA packages. Some charities run free will-writing schemes (e.g. Will Aid in November). Given the cost of not having them, both are excellent value.

Wills and Joint Property Ownership

How your property is owned affects what happens when you die:

• Joint tenants — the property automatically passes to the surviving owner, regardless of what your will says (right of survivorship). Most married couples own property this way.
• Tenants in common — each person owns a defined share, which can be left to anyone in their will. Important for unmarried couples, blended families, or protecting assets for children from a previous relationship.

If you have a joint mortgage, check how the property is held and ensure your will reflects your intentions.

Protection Insurance Alongside Wills & LPAs

Wills and LPAs handle what happens to your assets and decisions — but they don't provide money. For financial protection, consider:

• Life insurance — clears your mortgage and provides for your family if you die
• Critical illness cover — pays a lump sum if you're diagnosed with a serious illness
• Income protection — replaces your salary if you can't work due to illness or injury

Together, a will, LPAs, and the right insurance policies create a comprehensive safety net for you and your family. Speak to us for free protection advice.

Our partnership with Castle Family Legal: We've partnered with Castle Family Legal for everything related to will writing, powers of attorney, trusts, and wider estate planning advice. If you'd like an introduction, simply get in touch and we'll connect you directly.