Wills, Power of Attorney & Later Life Planning in 2026

Need a power of attorney? Read the guide for where you live: England and Wales, Scotland or Northern Ireland, for the types, registering, the fee and what happens if there is none.

Making a valid will

A will is a legal document setting out how you want your estate to be distributed when you die. To be valid in England and Wales, a will must be:

• In writing
• Signed by the testator (the person making the will) in the presence of two witnesses
• Signed by both witnesses in the presence of the testator

Witnesses and their spouses/civil partners cannot benefit under the will. The testator must have testamentary capacity (mental capacity to make a will). If you have complex assets, family circumstances, or potential inheritance tax issues, use a solicitor.

Keep your will in a safe place and tell your executor where it is. A copy can be stored with a solicitor or the National Will Register.

Dying without a will — intestacy

If you die without a valid will (intestate), the intestacy rules dictate who inherits. In England and Wales:

• Married/civil partner with children (England and Wales): Spouse gets all personal property, the first £322,000 (for deaths on or after 26 July 2023) and half of the rest; the children share the other half equally
• Married/civil partner with no children: Spouse inherits everything
• Unmarried partner: Gets nothing under intestacy rules — even if you've lived together for decades
• No spouse/partner: Estate passes to children, then parents, then siblings

If you're in a cohabiting relationship (not married, not in a civil partnership), make a will urgently. Intestacy could leave your partner with nothing.

Lasting Powers of Attorney

A Lasting Power of Attorney (LPA) allows someone you trust (your "attorney") to make decisions on your behalf if you lose mental capacity. There are two types:

• Property and Financial Affairs LPA: Covers bank accounts, property, investments and financial decisions. Can be used while you still have capacity (with your consent) or only when capacity is lost.
• Health and Welfare LPA: Covers medical treatment, care home decisions, and day-to-day welfare. Can only be used when you've lost capacity.

LPAs must be registered with the Office of the Public Guardian before they can be used. In England and Wales, registration takes 8 to 10 weeks if there are no mistakes in the application. The process can be done online or via a solicitor. Your attorney can also apply to register it, but an LPA can only be made while you still have mental capacity, so do not delay.

Inheritance tax basics

Inheritance tax (IHT) is charged at 40% on the value of an estate above the nil-rate band (NRB). Key allowances:

• Nil-rate band: £325,000 per person
• Residence nil-rate band (RNRB): Up to £175,000 additional allowance if you leave your home to direct descendants (children, grandchildren)
• Married couples and civil partners can transfer unused allowances — so a couple could have up to £1 million combined allowance
• Gifts made more than 7 years before death are usually exempt (potentially exempt transfers)

IHT planning is complex. If your estate may be taxable, take specialist advice from a solicitor or independent financial adviser.

Frequently asked questions