What is the difference between an LPA and a Will?

We are often asked about the difference between a lasting power of attorney (LPA) and a will. In simple terms, it’s a matter of life and death.

An LPA is a legal document that allows people you trust to make decisions on your behalf while you are alive. A will only comes into effect after your death. It contains specific instructions to your executors about how you want your money and possessions distributed.

The dividing line is very clear. Your attorney’s jurisdiction ends the moment you die. Your executor has no powers while you are alive. Yes, you can name your attorney as your executor. But contrary to what many people believe, it’s not automatic that your attorney will become your executor – unless your will actually says that.

Just to muddy the waters a tad, although an attorney cannot amend or write a will on your behalf, there is a legal mechanism for special cases. Under certain circumstances, a submission can be made to the Court of Protection for a statutory will.

If you need a will or a lasting power of attorney or both, contact Heritage Will Writing on 02380 879243.