Planning ahead: Make a Will & Lasting Power of Attorney
Why Having a Will and a Power of Attorney is Essential
At Martinsons Legal, we are often asked whether it is really necessary to have a will or a power of attorney in place. The short answer is yes — both are important legal tools that give you control, provide peace of mind, and protect your loved ones from unnecessary stress or disputes.
While a will deals with what happens after death, a power of attorney protects you during your lifetime if you become unable to make decisions yourself. Together, they form the foundation of a robust estate plan, protecting you, your family, and your legacy.
Why Having a Will is Essential
A will is a legal document that sets out how your “estate” ( property, money, possessions, and investments, etc.) should be distributed after your death.
Without a valid will, your estate will be divided under the intestacy rules, which may not reflect your wishes. For example, unmarried partners and close friends do not automatically inherit.
You should consider making a will if you:
Own property or a business
Have children (especially under 18)
Have savings, investments, or life insurance
Want to leave gifts to people outside your immediate family, charities, or unmarried partners.
Your will should set out:
Your beneficiaries (who inherits).
Appoint guardians (who should look after any children under 18).
Appoint executors (people you trust to deal with your estate). You can have more than one, or appoint a solicitor as a professional executor. Ultimately, an executors legal responsibility is to collect your assets, paying debts and taxes, as well as distributing your estate according to your wishes.
Any funeral wishes.
Making Your Will Legally Valid
For a will to be valid in England & Wales, it must be made voluntarily while of sound mind.
You must sign it in the presence of two independent witnesses, both over 18.
The two witnesses must then sign it in your presence.
Do You Need a Solicitor to make a will?
You do not legally need a solicitor to write a will, however, a well-drafted will gives you peace of mind that your wishes will be respected, your loved ones provided for, and disputes avoided. Appointing a solicitor can therefore be beneficial, as it can:
Prevent mistakes that could invalidate the will.
Avoid disputes and extra legal costs later.
Ensure complex estates (e.g. blended families, overseas assets, business interests, inheritance tax planning) are handled properly.
Why Set Up a Power of Attorney?
While a will governs what happens after death, a power of attorney (PoA) is about making sure your affairs are managed during your lifetime if you are unable to act yourself.
This can be temporary (e.g. while in hospital or abroad) or permanent (e.g. following an accident or loss of mental capacity).
Types of Power of Attorney
There are different types of power of attorney in England & Wales:
1. Ordinary Power of Attorney (OPA)
Used for short-term or specific situations, such as managing your finances while you are abroad.
Only valid while you still have mental capacity (under the Mental Capacity Act 2005).
Covers financial and property decisions only (not health or personal care).
Does not need to be registered with the Office of the Public Guardian (OPG).
Ends if you lose mental capacity.
2. Lasting Power of Attorney (LPA)
A legal document that lets you appoint someone to act if you lose mental capacity (e.g. due to illness or injury).
Must be registered with the OPG before it can be used.
Two types:
Property & Financial Affairs LPA – allows attorneys to manage money, property, and bills. Can be used while you still have capacity if you permit.
Health & Welfare LPA – allows attorneys to make decisions about care, medical treatment, and living arrangements. Can only be used once you have lost capacity.
Attorneys must be over 18.
Someone who is bankrupt cannot act as a property & financial affairs attorney.
3. Enduring Power of Attorney (EPA)
Replaced by Lasting Power of Attorneys (LPAs) in October 2007.
EPAs signed before that date remain valid but cannot be created today.
Next Steps
At Martinsons Legal, we specialise in helping individuals and families plan for the future with carefully drafted wills and powers of attorney.
Whether you want a straightforward will, need guidance on appointing attorneys, or require advice on more complex estates, our experienced team can guide you every step of the way.
Contact us today to discuss your will or power of attorney with our multilingual team in either English, Mandarin or Cantonese and take the first step towards peace of mind.