Wills & Power of Attorney FAQ

The main tax that affects wills, triggered by the death of the person, is Inheritance Tax. 

However, when someone dies the deceased's personal representative (PR) or executor will make sure that a personal Tax Return is completed from the start of the tax year to the date of the deceased's death. From the date of the deceased's death to the end of the tax year the PR will have to account for tax and report to the beneficiaries on the tax that he or she has deducted. Each year the PR will have to submit an Income Tax Return to HM Revenue & Customs. However, in the year in which the estate is wound up and all the assets have been distributed, the PR will only have to account for the tax on the income up to the date of distribution. In practice, if probate value is less than £2.5 million and the total tax due by the PR is less than £10,000, HM Revenue & Customs will accept a single computation and one-off payment.

Find out more about making a will, probate and inheritance tax.

A trust is brought into existence when a person (called the 'settlor') transfers some of his assets to trustees (who become the legal owners) for the benefit of third parties, called 'beneficiaries' (the beneficial owners). A trust is a legal entity in itself. Another word for a trust is a settlement.

Sometimes trusts are created under a will and sometimes they are created during the lifetime of the settlor. Sometimes trusts are created to save tax, sometimes to protect assets; there are many and various reasons for setting up a trust.

• Find out more about making a will and DIY wills.
• Find out more about tax and inheritance tax.

As executor to your father’s will, you have the power to deal with your father's assets from the date of his death. However, it's not until you receive a 'Confirmation' in Scotland that you can prove your authority to those institutions and authorities that hold assets in your father's name.

Application for Confirmation is made to The Sheriff Clerk of the Sheriff Court in the area in which the deceased had been domiciled at his death. A list of Sheriff Courts is available online at www.scotcourts.gov.uk or by calling the Scottish Courts Service on 0131 229 9200. The grant of Confirmation is proof to the public that the executors can realise the deceased's estate, collect from the deceased's debtors and distribute the assets, as determined by the will.

The executors can now send the Confirmation, or a Certificate of Confirmation, to all parties concerned, requesting whatever money is due to the estate. This money can be deposited into the executors' bank account from which debts of the deceased can be paid.

Find out more about making a will, probate and DIY wills.

When someone dies, they are entitled to their normal full year's worth of allowances. A tax return will need to be completed for the last period of their life from 6 April up to the date of their death and the tax will have to be worked out accordingly.

Income arising after death is treated as the income of the estate and becomes the responsibility of the trustees or executors. When the estate is distributed, both the capital and the income that has arisen since the date of death will be distributed according to the will to the various beneficiaries and tax will be deducted from any income that has been received at the appropriate rate.

If you as a beneficiary receive income that's been credited to a deceased person's estate, then you will receive that income net of the appropriate rate tax and while you may have to pay higher rate tax on the income, there's also a chance that you might be able to claim some back or for there to be no adjustment at all.

Find out more about making a will and DIY wills.

Up to a certain value, the estate is exempt from inheritance tax, but once you reach that threshold, there are quite considerable amounts of tax to be paid. The rates to be paid vary from time to time but you can find the latest figures at the HM Revenue & Custom's website.

You can calculate the tax yourself by working through the HM Revenue & Custom's worksheet IHT/WS and completing forms IHT 200 and D18.

If you are finding the whole thing too much, then hand the tax calculation problem over to your local Capital Taxes Office and they will work it out for you.

Find out more about making a will and DIY wills.

Probate is a process that gives the people carrying out your will the right to deal with your assets and property. It acts as proof that your executors have the authority they need to administer your estate.

Find out more about probate, making a will and DIY wills.

Yes. Both you and your partner should make a will, even if most of your property is in one person's name. Making a will allows you to name your spouse as the person who will benefit from your property if you die, and in your will you can decide where your property should go if your spouse dies before you.

If you are not married but are cohabiting (living together as an unmarried couple) it is even more crucial that you both make a will. There is no automatic entitlement that your partner will receive any of your money or possessions if you have not made a will.

• Find out more about the cohabitation risks that you can avoid by making a will.
• Find out more about making a will and DIY wills.

No. You shouldn't change your will by altering a will that you've already made.

The best way to update your will is to simply make a new will, and include the fact that all previous versions of your will are cancelled. It's actually a good idea to destroy all the copies of your old will, just to make sure, once you have completed making your new will.

Find out more about making a will and DIY wills.

You can store your Will at home but you should consider the following points. 

• A Will is an important document. It records your wishes. But a Will is only a piece of paper that can be easily lost, as sometimes happens when people move house, for example.
• There is also the added question of security: do you want other members of your family to have access to your Will?

It’s possible to store your Will with a solicitor, but their Will storage charge can be high and it might be inconvenient if you move away from the area where you currently live. Your bank is another possibility for Will storage, but again there could be quite a hefty cost involved.

With Lawpack’s safe and secure Will Storage Service the cost is only £12.00 per year and you also receive free Will forms and guidance when you want to make changes to update your Will. Lawpack also maintains contact with your Will’s executor (with your consent).

No, there is no need to have a solicitor make your will “legal”. Your DIY will has been prepared by barristers to ensure that it is legally valid. Simply follow the instructions and guidance that are provided with your DIY will.

A solicitor does not need to witness your will. Once you have made a will it can be witnessed by friends or anybody else you trust and this act will make your will perfectly legal. The only people who shouldn't be witnesses are the beneficiaries of the will - witnesses can't inherit anything from a will they are witnessing.

Find out more about making a will and DIY wills.

No. The executor of your will is the person you wish to handle your estate (property, money, investments etc) after your death. So it's impossible for you to act as your own executor for your own will.

Find out more about making a will and DIY wills.

Yes, and you can have up to four executors. Remember, though, that whoever witnesses your will can't be a beneficiary of it.

Find out more about making a will and probate.

An executor (or a spouse of an executor) can safely act as a witness unless he or she is also a beneficiary, or a professional adviser who may wish to charge for his or her services, in which case another witness must be found.

Find out more about making a will and probate.

In England & Wales, you need two witnesses over the age of 18 to witness your signature and to sign your will; in Scotland, you need only one witness over the age of 16. The spouse of a testator (person making a will) cannot witness a will, nor can beneficiaries of the will (or their spouses).

Find out more about making a will and DIY wills.

If you die without making a will, or if your will is invalid, you die intestate. The management of your estate, which is your house (if you have one) and any other assets minus all your debts, is then done by administrators (called 'executors-dative' in Scotland) appointed by the court, who will probably be your close relatives.

In some cases, your possessions may go to the Crown, but generally the bulk will go to your spouse or if you don't have one, your children. If you have no children, other blood relatives are next in line. One in two people in the UK currently dies without making a will and if you haven't done so already, it's a really good idea to prepare one.

In Scotland, the rules of intestacy allow your spouse and dependants to claim your property and money regardless of your wishes. If no surviving relatives can be found, your entire estate goes to the Crown.

• Find out more about making a will and intestacy.
• Or make a will today with Lawpack's DIY Will Kit.

Obviously, you should include exactly who will inherit your property, and what in particular each person will inherit. Just as importantly, you should choose the person who will be responsible for carrying out your wishes and who will act as a guardian to your children if they have no other parent.

You can also use your will to say whether you would prefer burial or cremation and if you would like to be an organ donor. Lastly, you might be able use it to reduce the amount of tax to be paid by people inheriting from you.

Find out more about making a will and DIY wills.

A will is valid until revoked, which can happen in a number of ways.

By destroying it, combined with your intention to cancel it. Physically destroying your will usually revokes it. Accidental destruction of a will doesn't cancel it but there might be difficulty in proving that it applies. A will can be destroyed by another person, but it must be at the request of the testator.

A will must be physically destroyed - simply crossing out the will or writing 'revoked' across may not be sufficient. Rubbing out or cutting off the signature of the testator or witnesses may be enough to revoke the will.

If part of a will is destroyed, only that part of the will is revoked. If an entire will is to be revoked, any codicils attached to it may have to be revoked separately. If a will is known to have been kept in your possession, but can't be found when you die, it will be presumed that it was destroyed by you unless there is proof that that wasn't what you intended.

By making a new will that revokes your old will. To make sure of this, the will forms in our books and kits contain the phrase, 'I revoke all previous wills and codicils'. This gives you the opportunity to reconsider all of the terms of the old will and make all the changes at one time rather than separately using codicils. Be sure your new will complies with all the requirements necessary to make a valid will. If you don't destroy your old will, it might come back into force if your new one is revoked.

In England and Wales (but not in Scotland) by marriage unless your will states that it is made with your forthcoming marriage in mind. Your will is automatically revoked by marriage unless:

1. you were planning to marry when your will was made;
2. your will names the specific person you married;
3. you state that you want the will to be effective during your marriage to that person.

In Scotland by the birth of a child if the will doesn't provide for the child and you haven't shown your intention that the will not be cancelled.

Except for the situations just mentioned, a will remains valid for an unlimited period of time. 

Note that divorce doesn't automatically revoke your will.

• Find out more about divorce and making a will.
• Find out more about making a will.

Every adult can and should make a will. You need to be of legal age, which is 18 in England and Wales and 12 in Scotland. You must also be over the age of 18 in Northern Ireland, although there are exceptions if you are under 18 and married or you have been married.

You must also be of sound mind - understanding what you are giving away, how you are giving it away, and who you are giving it to. If you have a history of mental disorder or if an illness may be affecting your judgment in any way, consult a qualified doctor before writing your will. This helps establish your competence and will be useful should your will be contested later on the grounds of mental incapacity.

• Find out why you should be making a will today.
• Find out more about making a will and DIY wills.

A Living Will/Advance Medical Decision is only concerned with medical treatment when you're still alive. You cannot use it to communicate your wishes on any matters normally dealt with by an ordinary will, or Last Will & Testament. In other words, you cannot use it to determine who will inherit your property when you die, who will be your executors, or who will be guardians to your children.

Find out more about making a Power of Attorney, Living Will, Advance Medical Decision or making a will.

With a Living Will (also known as an 'Advance Decision') you can specify in advance that you don't wish to receive specified medical treatments in certain circumstances. So Living Wills are a means of refusing treatment.

A Lasting Power of Attorney Health and Welfare (LPA HW), on the other hand, lets you give a much more general authority to a relative or close friend (known in power of attorney terms as the 'Attorney') to make decisions regarding your personal welfare and so either consent to or refuse treatments on your behalf.

It's possible to have both a Living Will and a Lasting Power of Attorney Health and Welfare. But it's important to note that:

• If a Living Will is made after an LPA HW and the Living Will covers the same treatment as the LPA HW, the Attorney of the LPA HW cannot consent on your behalf to treatment specified in the Living Will.
• An LPA HW created after a Living Will that covers the same treatment as the Living Will will cause the Living Will to be invalid.

Find out more about Power of Attorney and Advance Medical Decision.

An Advance Medical Decision is also known as a 'Living Will' in England & Wales.

An Advance Decision is a form you can use to communicate in advance your wish to refuse any medical treatment you might receive now or in the future. It can be used to refuse treatment you object to on religious grounds or for any other reason, and can be used to refuse treatment that is necessary to save your life ('life-sustaining treatment').

An Advance Medical Decision applies only to the provision of health care to you. It cannot be used to make other decisions, such as in relation to your financial matters (including how any care should be paid for).

Find out more about Power of Attorney and Advance Medical Decision.
Download an Advance Decision today.

A Living Will is an advance declaration of your wishes about medical treatments which you could be given for any future illness, which you may not be able to communicate yourself at the relevant time because of physical or mental incapacity.

Living Wills are valid in England & Wales and Scotland, but in England & Wales they are also known as 'Advance Decisions'.

With a Living Will, only refusals of medical treatments or procedures will be binding on medical staff. Requests for special treatments (other than pain management and basic nursing) may have persuasive force, but doctors will not have to follow your instructions.

With a Living Will, you can also appoint someone whom doctors may consult on health care matters for you; this person is referred to as a Health Care Proxy. You should discuss the options in this Living Will with your family and doctor before completing it.

Find out more about Living Wills under Scottish law and Powers of Attorney.
Download a Living Will today.

Unless it has been agreed with your Attorney, the Attorney isn't entitled to charge for his/her services, although s/he would be entitled to reimbursement for out-of-pocket expenses

If you do agree to pay the Attorney, you must record this on the power of attorney form.

Find out more about Power of Attorney
Download a General Power of Attorney form

In a Lasting Power of Attorney Property and Financial Affairs (LPA PFA) the relative or close friend you appoint as an Attorney can make decisions on your behalf regarding your property and financial affairs. For example, decisions about selling your home, buying property on your behalf in your name, how your care (including healthcare) should be paid for, and carrying on (or winding up) your business.

In a Lasting Power of Attorney Health and Welfare (LPA HW) the Attorney can make decisions on your behalf regarding your general personal welfare. For example, decisions about where you live, how you're cared for and what healthcare you receive. If the Attorney decides to put you in a nursing home, the decision will be made with a Lasting Power of Attorney Health and Welfare and the payment of the nursing home fees will be made with a Lasting Power of Attorney Property and Financial Affairs.

In a General Power of Attorney (GPA) the Attorney can take decisions and actions on your behalf regarding your property and affairs, but the GPA ceases to be valid if you become mentally capable.

A Scottish Continuing Power of Attorney (CPA) allows the Attorney to act on your behalf and manage your financial interests. In the case of a Scottish Welfare Power of Attorney (WPA), the Attorney can make decisions regarding your welfare when you're incapable of doing so yourself.

Find out more about making a Power of Attorney.
Find out more about the different types of Power of Attorney
Download a General Power of Attorney form

For both types of Lasting Power of Attorneys the person you choose to look after your affairs (the 'Attorney') must be over 18 and must have capacity to use the power of attorney.

With a Lasting Power of Attorney Property and Financial Affairs (LPA PFA) the Attorney must not be an undischarged bankrupt or an interim bankrupt and if s/he is made bankrupt, s/he will cease to be an Attorney (if s/he is the only Attorney, the Power will be automatically revoked).

There is no restriction on the Attorney of a Lasting Power of Attorney Health and Welfare (LPA HW) being a bankrupt.

With a Scottish Continuing Power of Attorney (CPA) and Welfare Power of Attorney (WPA) an Attorney must be over 18 and not bankrupt

Find out more about making a Power of Attorney.

After the Continuing Power of Attorney or Welfare Power of Attorney has been signed, a Certificate must be completed and signed by a 'Prescribed Person', who can be either a practising solicitor, a practising member of the Faculty of Advocates or a registered medical practitioner. This Certificate states that the Prescribed Person has interviewed you (the 'Granter') immediately before you subscribed the CPA or WPA and that they are satisfied that at the time the Continuing Power of Attorney or Welfare Power of Attorney is granted you understand its nature and extent and that s/he has no reason to believe that you're acting under undue influence, or that any other factor prevents the granting of the CPA or WPA.

Once the Certificate has been completed, the Application for Registration must be completed, including being signed by the Attorney confirming his/her agreement to act. The Public Guardian will refuse to register a Continuing Power of Attorney or Welfare Power of Attorney without confirmation from the Attorney (within the Application for Registration of the CPA or WPA) that s/he is willing to act as Attorney.

The Application to register the Continuing Power of Attorney or Welfare Power of Attorney must be sent to the Office of the Public Guardian. It's not acceptable to apply by letter. The completed form must be accompanied by the original CPA or WPA with the appropriate Certificate and a cheque for the registration fee, made payable to 'The Scottish Court Service'.

Find out more about making a Power of Attorney.
Download the Certificate and Registration Application Form with our Power of Attorney Kit.

When you fill in the form to create a Continuing Power of Attorney or Welfare Power of Attorney, you have the opportunity to restrict the extent of the authority being granted to the Attorney, or to place limitations on their dealing with certain parts of your property or welfare. You may also choose to appoint different Attorneys to deal with different parts of your property.

Find out more about making a Power of Attorney.

When you make a Continuing Power of Attorney, you can state what kind of authority the Attorney may have. This would normally be a general authority with wide powers; this means that the Attorney would be able to do anything which you are or were legally able to do.

If you wish to impose any limitations or restrictions, you must do so clearly, such as for a specific or limited authority. If you don't want the CPA to have immediate effect, but want, for example, it to become effective only when you have actually become mentally incapable, that restriction should be clearly stated.

When you make a Welfare Power of Attorney, you give authority to the Attorney to deal with all matters affecting your welfare after you cease to be capable of exercising such authority yourself. Such matters might include medical treatment or the choice of where you live.

Find out more about making a Power of Attorney.

Any individual who is aged 18 or over, has sufficient mental capacity and is not an undischarged bankrupt can make a Continuing Power of Attorney or Welfare Power of Attorney. A company or a partnership cannot make a CPA.

Two or more people cannot make a joint CPA or WPA appointing the same Attorney.

To have the mental capacity to make a Continuing Power of Attorney or Welfare Power of Attorney, you must be capable of understanding the nature and effect of the powers granted at the time you make the CPA or WPA.

Find out more about making a Power of Attorney.

To be effective, the Continuing Power of Attorney or Welfare Power of Attorney must be registered with the Office of the Public Guardian.

The CPA can be used immediately after it has been signed by you (the 'Granter') and registered with the Office of the Public Guardian.

The Attorney must be aware of when the Power of Attorney begins and ends, so that s/he will meet his/her responsibilities and not exceed the authority. Third parties need to know when they can and should reasonably rely upon and deal with the Attorney.

The Welfare Power of Attorney can be used only after you're incapable of acting yourself, notwithstanding that the WPA will have already been registered with the Office of the Public Guardian.

Find out more about making a Power of Attorney.

If you became ill or disabled without a CPA and you couldn't manage your financial affairs yourself, no one could act on your behalf unless they first went to the Sheriff Court for authority to deal with your affairs. Without a Continuing Power of Attorney or court authority even your spouse and children may be powerless to act on your behalf. Although courts will appoint someone to act for you and to protect your interests, this isn't always a desirable alternative for three reasons:

1. Delay. It can take several weeks or even months to have someone appointed who will have the authority to make legal, financial and business decisions on your behalf. With a CPA an Attorney can act for you immediately. The continued control of your interests is thus maintained by someone you have chosen.
2. Selecting an Attorney. If you become ill or disabled, you lose the ability to select your Attorney. The court may or may not grant authority to someone you would have preferred.
3. Advantages of immediate and lasting delegation. From the date on which you sign and register the Continuing Power of Attorney, the Attorney has authority to act on your behalf, unless you have specifically restricted their power.

Find out more about making a Power of Attorney.

There are three kinds of Scottish Power of Attorney: 'General Power of Attorney', 'Continuing Power of Attorney ' and 'Welfare Power of Attorney '.

General Powers of Attorney (GPAs) are a relatively straightforward authorisation for wide-ranging use for specific periods or events; for example, you might need to create a General Power of Attorney if you go abroad and need to entrust the management of business interests to your spouse. A General Power of Attorney is automatically revoked if you become mentally incapable.

Continuing Powers of Attorney (CPAs) and Welfare Powers of Attorney (WPAs) are rather more complicated to create and administer than General Powers of Attorney because they remain valid in the event of you becoming mentally incapable of handling your own affairs or making decisions with regard to your welfare.

A Continuing Power of Attorney provides a way of allowing there to be long-term control of your interests, albeit in the hands of others, particularly if you're elderly or in poor health and an Attorney will usually be able to use it both before and after you become mentally incapable.

A Welfare Power of Attorney provides a way of allowing you to nominate a person who will be able to make decisions in regard to your welfare only when you become incapable of doing so yourself.

Find out more about Power of Attorney and Scottish law.
Download a Scottish General Power of Attorney form

A Lasting Power of Attorney must be registered with the Office of the Public Guardian (OPG) before it can be used. You, or one or more of the Attorneys, can register the LPA Form. The Office of the Public Guardian will stamp each page of the LPA Form to show that it has been registered.

The Office of the Public Guardian charge a fee to register the LPA Form, which must be sent along with the application for registration. To find out the current fee, call OPG on 0845 330 2963.

It's not necessary to register a Lasting Power of Attorney immediately after it's created, but it cannot be used in any way before it is (even in the case of a Lasting Power of Attorney Property and Financial Affairs (LPA PFA) that is intended to be used when you have capacity).

Find out more about making a Power of Attorney.
Find out more about how to register a LPA.

You (the 'Donor') should sign the Power of Attorney in the presence of a witness who must also sign it.

The Attorney(s) must then sign the Power of Attorney form in the presence of a witness who must also sign the form and complete his/her details.

The witness can be anyone except for the person making the Lasting Power of Attorney. It can be another Attorney or replacement Attorney or a certificate provider or a person to be told when the application to register the LPA is made.

Find out more about making a Power of Attorney.

Both a Lasting Power of Attorney Property and Financial Affairs (LPA PFA) and a Lasting Power of Attorney Health and Welfare (LPA HW) can be revoked at any time by you (the 'Donor'). If you want to do so, consult a solicitor, who will draft a Deed of Revocation for you.

Lasting Powers of Attorneys will be automatically revoked if:

• the Donor becomes bankrupt (applies to Lasting Power of Attorney Property and Financial Affairs only);
• the Attorney dies or becomes bankrupt and there are no other Attorneys (or the Attorneys can only act together) and there is no replacement Attorney;
• the Attorney refuses to act by disclaiming the appointment and there are no other Attorneys (or the Attorneys can only act together) and there is no replacement Attorney;
• the Attorney is married to you (or is your civil partner) and the marriage or civil partnership is ended by divorce or dissolution and there are no other Attorneys (or the Attorneys can only act together) and there is no replacement Attorney. However, the LPA may state that the appointment isn't to cease in this case and so it will not be revoked;
• the Attorney ceases to have capacity to exercise the Power of Attorney and there are no other Attorneys (or the Attorneys can only act together) and there is no replacement Attorney.

Find out more about making a Power of Attorney.

Subject to the conditions and restrictions within it, a Lasting Powers of Attorney Property and Financial Affairs (LPA PFA) allows an Attorney to make any of the decisions that you (the 'Donor') could have made in respect of your property and affairs.

The LPA PFA must be registered before it can be used. Once registered, it must be used in accordance with the stated conditions and restrictions. This may include a restriction preventing its use until such time as you lack capacity in respect of the particular matter.

The evidence of the authority given by the Lasting Power of Attorney is the form itself (with the stamp of the Office of the Public Guardian on each page). Copies of the form should be sufficient proof of its existence for most organisations, but some (particularly banks and other financial institutions) may require to see the original or a copy that has been certified by a solicitor.

Find out more about making a Lasting Power of Attorney.

If you (the 'Donor') become incapable of making the decisions conferred by the General Power of Attorney, the GPA is automatically annulled. Otherwise, a General Power of Attorney remains valid until it's revoked. GPAs can be revoked orally, but to avoid misunderstanding it's wise to write 'cancelled' on the original Power of Attorney form or simply tear it up.

The General Power of Attorney would also be revoked by the death or bankruptcy of you or the Attorney.

Find out more about making a Power of Attorney.
Download a General Power of Attorney form

Once a General Power of Attorney is granted the Attorney has the authority to take decisions and actions on your (the Donor's) behalf regarding your property and affairs, as if you were taking them yourself, except that the Attorney cannot make gifts.

Unlike a Lasting Power of Attorney (LPA), there is no provision for limiting the scope of the Attorney's powers in a GPA; but otherwise the extent and scope of the two are the same.

A General Power of Attorney is very wide-ranging and gives an Attorney a great deal of power (it's possible to give a limited Power of Attorney, but further information should be obtained from a solicitor). In effect, an Attorney can do anything s/he thinks fit in relation to your property and affairs.

However, the GPA doesn't cover functions of yours which relate to certain special personal responsibilities. For example, an Attorney cannot normally perform in your role as a trustee or as a personal representative (i.e. administrator) of someone's estate. An Attorney cannot sign your Last Will & Testament on your behalf, take action concerning your marriage or delegate your Power of Attorney.

It's important to bear in mind that you remain liable for the actions of the Attorney. Clearly, the extent of the GPA is such that it should only be given to somebody you trust implicitly.

Find out more about making a Power of Attorney.
Download a General Power of Attorney form

A General Power of Attorney (GPA) is a relatively straightforward authorisation for wide-ranging use or for specific periods or events. The need to create a GPA might arise, for example, if you go abroad and need to entrust the management of business interests to your spouse. A General Power of Attorney can only be used to manage or deal with your financial affairs.

Lasting Powers of Attorney (LPAs) are more complicated to create and administer than GPAs because they permit the Attorney to make decisions that you're incapable of making. They require particular procedures and formalities to be followed. A GPA is automatically revoked if you become mentally incapable.

Find out more about the different types of Power of Attorney
Find out more about making a Power of Attorney.
Download a General Power of Attorney form

There are two types of Lasting Power of Attorney.

A Lasting Power of Attorney Property and Financial Affairs (LPA PFA) authorises the Attorney to make decisions concerning your property and affairs or specified matters concerning your property and financial affairs.

A Lasting Power of Attorney Health and Welfare (LPA HW) allows the Attorney to make decisions about matters concerning your health and welfare.

The powers under a LPA PFA extend to all matters concerning your property and affairs; this may include selling your home, buying property for you in your name, decisions about how your care (including healthcare) should be paid for, and carrying on (or winding up) your business.

With a LPA HW the decisions about a person's personal welfare are wide-ranging. They can include decisions about where you live, how you're cared for and what healthcare you receive; this can include specific decisions about treatments or more general decisions.

So a decision to send you to a nursing home and the payment of that home cannot be made with a Lasting Power of Attorney Health and Welfare alone, but with a Lasting Power of Attorney Property and Financial Affairs for the payment, and a Lasting Power of Attorney Health and Welfare for the decision to put you in the home.

Find out more about the powers you can give with a Lasting Power of Attorney
Find out more about making a Power of Attorney.

No, so you should both be making a will immediately.

If your partner dies without making a will their estate will be distributed among their blood relatives in accordance with the rules of intestacy. If you are not married (a.k.a. cohabiting) you may well not be entitled to any of their estate.

• Read more about intestacy and making a will.
• Read more about the cohabitation risks you face under current law.
• You could be making a will today with Lawpack's DIY Will Kit. Find out more now.

Yes, assuming you want your partner to inherit from you. 

It is very important for unmarried partners who are cohabiting to make wills, as without them, the surviving partner may receive nothing when the estate is distributed.

• Read more about cohabitation and making a will.
• Find out more about cohabitation.
• Or stop leaving it all to chance and make your will today.

Discuss the problem with your solicitor first. If it's a problem relating to the service you've received, discuss the problem with either the solicitor directly or, if that's awkward, the partner in their firm responsible for complaints. All solicitor firms must have their own complaints procedures. If the solicitor is a sole practitioner, then they may have an arrangement with another local firm or with the local Law Society to deal with complaints.

Now put your complaint in writing. Any complaint should eventually be recorded in writing. Your solicitor will then have a record of the details. You should keep a copy of your letter.

Next refer the case to the Law Society's Legal Complaint Service. You should contact the Law Society if: 

1. you haven't received a detailed reply to your initial complaint from your solicitor within a reasonable time, say 28 days; 
2. you haven't been able to sort out your complaint with your solicitor; and 
3. your complaint is about a solicitor's conduct. 

It's important that you contact the LCS within six months of the matter you are complaining about. If you leave it any longer, it may decide not to investigate your complaint.

Make your complaint heard: find out how...

There are various methods of funding a legal case used by solicitors:

• Charging by the hour: This is the most common method of charging. Hourly rates vary from high street firms where you can expect to pay somewhere between £80 to £120 an hour for advice on private and commercial work, all the way through to £350 an hour for a senior partner in a City firm for extremely expert advice on complex points of commercial law.
  
  
• Fixed fees: This form of payment has the obvious appeal of limiting your liability for legal costs and, after the hourly rate, it's the next most common way of charging. The obvious downside is that if your case concludes quickly, then you will end up paying more than you may have on the hourly rate basis.
  
  
• No win, no fee: 'No win, no fee' is a deceptively simple expression. On one level - and as the name implies - solicitors are paid nothing for their work if they lose, but it also covers agreements whereby solicitors can charge more if they are successful.
  
  
• Legal Aid/the Community Legal Service: To be eligible for Legal Aid, you have to show that you cannot pay for your case (i.e. that you are financially eligible) and that you have a sufficiently strong case that you are likely to win. Even if you're working, own your home and have savings, you may still qualify. However, you may well have to pay a contribution towards the cost of taking your case to court.

If the Attorney no longer wishes to be an Attorney, s/he can complete a notice refusing ('disclaiming') to continue to do so. This must be in Form LPA005 (available in our Power of Attorney Kit) and sent to the Office of the Public Guardian.

The Attorney mustn't give up the role of Attorney without informing both you (the 'Donor') and the Court.

Find out more about making a Power of Attorney.

You can revoke a Continuing Power of Attorney or Welfare Power of Attorney at any time after it has been registered, as long as you're still mentally capable. If you want to do so, you should consult a solicitor to draft a Deed of Revocation.

A Continuing Power of Attorney or Welfare Power of Attorney will be terminated:

1. where you and the Attorney are married to each other, upon the granting of a Decree of Separation or divorce to either party or a declarator of nullity of marriage, unless the CPA or WPA states otherwise; or 
2. on the appointment of a guardian with powers related to those conferred in the CPA or WPA.

Find out more about making a Power of Attorney.

Subject to the conditions and restrictions within it, a Lasting Power of Attorney Health and Welfare (LPA HW) authorises the Attorney to make decisions on behalf of you (the 'Donor') in respect of your personal welfare.

The LPA HW must be registered before it can be used. The Lasting Power of Attorney cannot be used unless (and until) you lack capacity in respect of the particular decision.

The evidence of the authority given by the LPA HW is the Form itself (with the stamp of the Office of the Public Guardian on each page). Copies of the stamped Form should be sufficient proof of its existence for most organisations, but a doctor or social worker may need to see the original or a copy that has been certified by a solicitor.

Find out more about making a Lasting Power of Attorney.

If you don’t have any children, you will be entitled to the first £450,000. If you have children, you will be entitled to the first £250,000. After that it gets complicated.

To ensure that you protect yourself and your property thoroughly, it's vital that you and your husband make a Will. If your husband is put off by the cost or does not have the time to do so, then don't worry - making a Will does not have to be expensive and is easy to do. You can use Lawpack's DIY Will Kit for £9.99 or use our quick, online service from £59.99.

Find out more about making a will and DIY wills.

No, I’m afraid that it doesn’t.

The Will forms included in our DIY Last Will & Testament Kit are in Word format so you can save them to your computer and use the forms as many times as you like.

Your witnesses are witnessing that the Will has been signed.

Yes, included in our DIY Last Will & Testament Kit is Will Form 3, called “Residue direct to children”, where you can leave your estate directly to your children.

If your children are over the age of 18, you can also use Will Form 1, “Simple Gift of Residue” which is appropriate for leaving your estate to adults.

The Guidance Manual included in the DIY Will Kit will outline which DIY Will Form you should use.

Our latest DIY Last Will & Testament Kits all include a Product Update Service, which you can access on Lawpack’s site, where you can read about any law changes and download the latest forms.

If your Guidance Manual doesn’t include such a service, I suggest that you buy a new DIY Last Will & Testament Kit.

Lawpack's Last Will & Testament eKit is a downloadable version of the mailed Last Will & Testament Kit. Instead of the physical copy being sent out to you in the post, you can download the Last Will & Testament eKit instantly and save it to your computer.

Find out more about making a will and DIY wills.

I’m afraid not. You will have to purchase the DIY Last Will & Testament Kit which will be sent out to you in the post.

Find out more about making a will and DIY wills.

No, it doesn’t.

Find out more about making a will and DIY wills.

If the child is over the age of 18, you can use our Will Form 1 called “Residue to Adult”. If the child is under 18, you currently will not be able to write a Will using our DIY Last Will & Testament Kit.

Find out more about making a will and DIY wills.

Yes, you can store your Will at home, if you so wish. Or you can store your Will using our Will Storage Service.

Find out more about making a will and DIY wills.

Your Will must be stored in a safe place, but you can do this at home, with a bank or solicitor, or with our safe and secure Will Storage Service.

Yes, you can convert to a tenancy in common, but you will need to see a solicitor to do this. Once you have converted to a tenancy in common, you can leave your share of the property to whomever you want in your Will.

Find out more about making a will and DIY wills.

Yes. You can use our Will Form 2 called “Residue Direct to Adult but if he/she dies to Children”, included in our DIY Will Kit.

Find out more about making a will and DIY wills.