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Your executor is responsible for dealing with your estate after you die. Choose someone you trust who is willing and able to take on the responsibility. This could be a family member, friend or a professional such as a solicitor. It's a good idea to speak to them before naming them and make sure they know where your original Will is kept.

Important information: The information in PodLegal is provided for general information and guidance only. It is not legal advice and should not be relied upon as a substitute for advice about your individual circumstances. The law and terminology can differ between England and Wales, Scotland and Northern Ireland, and laws and official guidance can change over time. We take care to keep our information up to date, but you should check the current position and seek advice from an appropriately qualified legal professional where necessary. Podplan does not provide legal advice and cannot assess whether a particular Will, Power of Attorney or other legal document is suitable or valid for your individual circumstances.

Choose someone you trust completely and who is willing and able to take on the responsibility. Depending on the type of Power of Attorney and where you live, you may be able to appoint more than one person and specify how they should make decisions. Think about whether the person is reliable, understands your wishes and is capable of handling the decisions you may be asking them to make — rather than simply choosing your closest relative.

Important information: The information in PodLegal is provided for general information and guidance only. It is not legal advice and should not be relied upon as a substitute for advice about your individual circumstances. The law and terminology can differ between England and Wales, Scotland and Northern Ireland, and laws and official guidance can change over time. We take care to keep our information up to date, but you should check the current position and seek advice from an appropriately qualified legal professional where necessary. Podplan does not provide legal advice and cannot assess whether a particular Will, Power of Attorney or other legal document is suitable or valid for your individual circumstances.

Podplan has partnered with Which? to deliver legal services to our members. Which? was named the Online Will Writing Service of the Year at the British Wills and Probate Awards, so you’re in excellent hands. Please note that Which? operates independently of Podplan. You can view Which? terms and conditions once you click get started.

Keep the original somewhere secure and make sure your executors, or someone you trust, knows where it is. If a solicitor prepares your Will, they may be able to store the original for you. You can also use PodVault to record where your original Will is kept and the contact details of the solicitor or organisation holding it. You don't need to upload the Will itself.

Important information: The information in PodLegal is provided for general information and guidance only. It is not legal advice and should not be relied upon as a substitute for advice about your individual circumstances. The law and terminology can differ between England and Wales, Scotland and Northern Ireland, and laws and official guidance can change over time. We take care to keep our information up to date, but you should check the current position and seek advice from an appropriately qualified legal professional where necessary. Podplan does not provide legal advice and cannot assess whether a particular Will, Power of Attorney or other legal document is suitable or valid for your individual circumstances.

Ideally, well before you think you'll need one. You need to have the necessary mental capacity when you put the appropriate Power of Attorney in place. If you wait until you can no longer understand and make the relevant decisions, it may be too late. That's why it's better to think of a Power of Attorney as a planning document rather than a crisis document.

Important information: The information in PodLegal is provided for general information and guidance only. It is not legal advice and should not be relied upon as a substitute for advice about your individual circumstances. The law and terminology can differ between England and Wales, Scotland and Northern Ireland, and laws and official guidance can change over time. We take care to keep our information up to date, but you should check the current position and seek advice from an appropriately qualified legal professional where necessary. Podplan does not provide legal advice and cannot assess whether a particular Will, Power of Attorney or other legal document is suitable or valid for your individual circumstances.

A Will is a legal document that sets out what you want to happen to your money, property and possessions after you die. It also allows you to name the person or people you want to deal with your estate, known as your executors. If you die without a valid Will, the law determines who inherits your estate. This is known as dying “intestate”. The rules are different across England and Wales, Scotland and Northern Ireland.

Do I really need a Will?

For most people, having an up-to-date Will is an important part of planning ahead. It gives you much more control over what happens to your estate and who benefits from it.

It can be particularly important if you:

• have a partner but aren't married or in a civil partnership
• have children or other dependants
• own property
• have a blended family
• own a business
• have assets or property overseas
• have particular wishes about who should inherit.

Don't assume that everything will automatically pass to the people you would choose. Without a valid Will, intestacy rules determine who inherits.

Are the rules for making a Will the same throughout the UK?

No. There are important differences.

England and Wales: You generally need to be at least 18. Your Will must be made voluntarily, while you have the necessary mental capacity, and be in writing. You must sign it in the presence of two adult witnesses, who must then sign it in your presence.

Scotland: Scotland has its own succession law. You can make a Will from age 12 and the signing and witnessing requirements are different from those in England and Wales. Scotland also has “legal rights”, which can give a surviving spouse or civil partner and children rights to part of your moveable estate, even if your Will says something different.

Northern Ireland: Northern Ireland also has its own rules. You generally need to be at least 18 and have the necessary mental capacity. There are specific requirements for making and witnessing a valid Will.

Wherever you live, it's sensible to take professional advice, particularly if your circumstances aren't straightforward.

Important information: The information in PodLegal is provided for general information and guidance only. It is not legal advice and should not be relied upon as a substitute for advice about your individual circumstances. The law and terminology can differ between England and Wales, Scotland and Northern Ireland, and laws and official guidance can change over time. We take care to keep our information up to date, but you should check the current position and seek advice from an appropriately qualified legal professional where necessary. Podplan does not provide legal advice and cannot assess whether a particular Will, Power of Attorney or other legal document is suitable or valid for your individual circumstances.

A Power of Attorney is a legal arrangement that allows someone you choose to make certain decisions or act on your behalf. It can be extremely important if illness, an accident or declining capacity means you need someone else to help manage your affairs. Importantly, Powers of Attorney are not the same throughout the UK.

Important information: The information in PodLegal is provided for general information and guidance only. It is not legal advice and should not be relied upon as a substitute for advice about your individual circumstances. The law and terminology can differ between England and Wales, Scotland and Northern Ireland, and laws and official guidance can change over time. We take care to keep our information up to date, but you should check the current position and seek advice from an appropriately qualified legal professional where necessary. Podplan does not provide legal advice and cannot assess whether a particular Will, Power of Attorney or other legal document is suitable or valid for your individual circumstances.

A Letter of Wishes is a document you can leave alongside your Will to provide additional information or guidance to your executors, trustees or family. It can help explain your wishes and the thinking behind some of the decisions you've made.

Is a Letter of Wishes legally binding?

Generally, no.

A Letter of Wishes is normally intended to provide guidance rather than create legally binding instructions. It shouldn't be used as a replacement for a properly drafted Will. If there is something you need to ensure happens legally, take professional advice about how it should be documented.

What can I include in a Letter of Wishes?

Depending on your circumstances, you might use it to record things such as:

• funeral preferences
• wishes about personal or sentimental possessions
• guidance for your executors or trustees
• explanations for decisions you've made in your Will
• information about particular family circumstances
• wishes concerning the care of pets.

Because it isn't normally intended to replace your Will, take legal advice if you're unsure about what should be included in which document.

Why not put everything in my Will?

Some personal wishes may change more frequently than the important legal instructions contained in your Will. A separate Letter of Wishes can therefore be a useful way to provide additional guidance without unnecessarily changing your Will every time a personal preference changes. However, don't use a Letter of Wishes to try to make an important legally binding provision that should properly be included in your Will.

How often should I update my Letter of Wishes?

Review it whenever you review your Will and whenever your circumstances or wishes change. Make sure the latest version is clearly dated and that your executors or the people who may need it know where to find it.

Important information: The information in PodLegal is provided for general information and guidance only. It is not legal advice and should not be relied upon as a substitute for advice about your individual circumstances. The law and terminology can differ between England and Wales, Scotland and Northern Ireland, and laws and official guidance can change over time. We take care to keep our information up to date, but you should check the current position and seek advice from an appropriately qualified legal professional where necessary. Podplan does not provide legal advice and cannot assess whether a particular Will, Power of Attorney or other legal document is suitable or valid for your individual circumstances.

A Lasting Power of Attorney (LPA) is the system used in England and Wales.

There are two types:
Property and Financial Affairs LPA — covering matters such as managing bank accounts, paying bills, dealing with investments and buying or selling property.
Health and Welfare LPA — covering decisions about matters such as care, medical treatment and where you live.
You can make either type or both.

Important information: The information in PodLegal is provided for general information and guidance only. It is not legal advice and should not be relied upon as a substitute for advice about your individual circumstances. The law and terminology can differ between England and Wales, Scotland and Northern Ireland, and laws and official guidance can change over time. We take care to keep our information up to date, but you should check the current position and seek advice from an appropriately qualified legal professional where necessary. Podplan does not provide legal advice and cannot assess whether a particular Will, Power of Attorney or other legal document is suitable or valid for your individual circumstances.

The process differs across the UK, but someone may need to go through a more formal legal process to obtain authority to deal with some of your affairs. This can be more complicated and time-consuming than putting the appropriate arrangements in place while you have capacity. So don't wait for a diagnosis or crisis before thinking about it.

Important information: The information in PodLegal is provided for general information and guidance only. It is not legal advice and should not be relied upon as a substitute for advice about your individual circumstances. The law and terminology can differ between England and Wales, Scotland and Northern Ireland, and laws and official guidance can change over time. We take care to keep our information up to date, but you should check the current position and seek advice from an appropriately qualified legal professional where necessary. Podplan does not provide legal advice and cannot assess whether a particular Will, Power of Attorney or other legal document is suitable or valid for your individual circumstances.

Start with three simple questions:

1. Do you have an up-to-date Will? (And does someone you trust know where the original is kept?)

2. Do you have the appropriate Power of Attorney arrangements for the part of the UK where you live?

3. Have you recorded any personal wishes or important information your family may need?

If you're helping a parent, partner or another family member, you can ask exactly the same three questions.
The important thing is to have these conversations while there's plenty of time to do something about the answers.

Important information: The information in PodLegal is provided for general information and guidance only. It is not legal advice and should not be relied upon as a substitute for advice about your individual circumstances. The law and terminology can differ between England and Wales, Scotland and Northern Ireland, and laws and official guidance can change over time. We take care to keep our information up to date, but you should check the current position and seek advice from an appropriately qualified legal professional where necessary. Podplan does not provide legal advice and cannot assess whether a particular Will, Power of Attorney or other legal document is suitable or valid for your individual circumstances.

Podplan members get priority service and exclusive discounted rates—check out our price list below. Plus, the team at Which? occasionally offers extra special deals, so keep an eye on your PodPost for updates! Please note: The Office of the Public Guardian charges an additional £92 to register each completed Power of Attorney document. This fee is set by them and is outside our control.

It's a good idea to review your Will regularly and whenever something significant changes in your life — for example, marriage, divorce or separation, the birth of a child, a death in the family, moving home or a major change in your finances.

There are regional differences here too. For example, in England and Wales, getting married or entering a civil partnership will usually revoke a Will you made previously. The rules in Scotland are different, so always check how a change in circumstances affects your Will where you live.

Important information: The information in PodLegal is provided for general information and guidance only. It is not legal advice and should not be relied upon as a substitute for advice about your individual circumstances. The law and terminology can differ between England and Wales, Scotland and Northern Ireland, and laws and official guidance can change over time. We take care to keep our information up to date, but you should check the current position and seek advice from an appropriately qualified legal professional where necessary. Podplan does not provide legal advice and cannot assess whether a particular Will, Power of Attorney or other legal document is suitable or valid for your individual circumstances.

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Scotland has its own system.

A Continuing Power of Attorney can give someone authority to deal with money and property.
A Welfare Power of Attorney can give someone authority to make decisions about health and personal welfare.
A Combined Power of Attorney includes both.

These Powers of Attorney must be registered with the Office of the Public Guardian (Scotland) before they can be used. Welfare powers can only be used when you no longer have capacity to make the relevant decision yourself.

Important information: The information in PodLegal is provided for general information and guidance only. It is not legal advice and should not be relied upon as a substitute for advice about your individual circumstances. The law and terminology can differ between England and Wales, Scotland and Northern Ireland, and laws and official guidance can change over time. We take care to keep our information up to date, but you should check the current position and seek advice from an appropriately qualified legal professional where necessary. Podplan does not provide legal advice and cannot assess whether a particular Will, Power of Attorney or other legal document is suitable or valid for your individual circumstances.

Northern Ireland currently uses an Enduring Power of Attorney (EPA). An EPA allows you to appoint someone to deal with your property and financial affairs and can continue if you subsequently lose mental capacity. Unlike an LPA in England and Wales, a Northern Ireland EPA does not cover health and welfare decisions. If your attorney believes you are becoming incapable of managing your affairs, they must apply to the Office of Care and Protection to register the EPA.

Important information: The information in PodLegal is provided for general information and guidance only. It is not legal advice and should not be relied upon as a substitute for advice about your individual circumstances. The law and terminology can differ between England and Wales, Scotland and Northern Ireland, and laws and official guidance can change over time. We take care to keep our information up to date, but you should check the current position and seek advice from an appropriately qualified legal professional where necessary. Podplan does not provide legal advice and cannot assess whether a particular Will, Power of Attorney or other legal document is suitable or valid for your individual circumstances.

In England and Wales, you can make two types of Lasting Power of Attorney.

A Property and Financial Affairs LPA allows your chosen attorney or attorneys to deal with the financial matters you authorise.
A Health and Welfare LPA can cover decisions about your health, care and personal welfare. It can only be used when you are unable to make the particular decision yourself.
An LPA must be registered with the Office of the Public Guardian before it can be used.

Important information: The information in PodLegal is provided for general information and guidance only. It is not legal advice and should not be relied upon as a substitute for advice about your individual circumstances. The law and terminology can differ between England and Wales, Scotland and Northern Ireland, and laws and official guidance can change over time. We take care to keep our information up to date, but you should check the current position and seek advice from an appropriately qualified legal professional where necessary. Podplan does not provide legal advice and cannot assess whether a particular Will, Power of Attorney or other legal document is suitable or valid for your individual circumstances.

No.

The terminology and legal arrangements differ depending on where you live.

England and Wales: Lasting Powers of Attorney (LPAs).
Scotland: Continuing Powers of Attorney for financial and property matters and Welfare Powers of Attorney for health and personal welfare decisions. These can be combined into a Combined Power of Attorney.
Northern Ireland: Enduring Powers of Attorney (EPAs), which cover property and financial affairs. Unlike England and Wales, an EPA in Northern Ireland does not provide the equivalent of a Health and Welfare LPA.

Important information: The information in PodLegal is provided for general information and guidance only. It is not legal advice and should not be relied upon as a substitute for advice about your individual circumstances. The law and terminology can differ between England and Wales, Scotland and Northern Ireland, and laws and official guidance can change over time. We take care to keep our information up to date, but you should check the current position and seek advice from an appropriately qualified legal professional where necessary. Podplan does not provide legal advice and cannot assess whether a particular Will, Power of Attorney or other legal document is suitable or valid for your individual circumstances.

No. Being someone's spouse, partner, son or daughter does not automatically give you legal authority to manage all of their finances or make all health and welfare decisions for them if they lose capacity. That's one of the main reasons putting the appropriate Power of Attorney arrangements in place ahead of time can be so important.

Important information: The information in PodLegal is provided for general information and guidance only. It is not legal advice and should not be relied upon as a substitute for advice about your individual circumstances. The law and terminology can differ between England and Wales, Scotland and Northern Ireland, and laws and official guidance can change over time. We take care to keep our information up to date, but you should check the current position and seek advice from an appropriately qualified legal professional where necessary. Podplan does not provide legal advice and cannot assess whether a particular Will, Power of Attorney or other legal document is suitable or valid for your individual circumstances.

You can, but getting the wording or signing process wrong can cause problems after your death. Professional advice is particularly sensible if your circumstances are more complicated — for example, if you have a blended family, own a business, have property overseas, want to establish a trust or want to exclude someone who might otherwise expect to inherit.

Important information: The information in PodLegal is provided for general information and guidance only. It is not legal advice and should not be relied upon as a substitute for advice about your individual circumstances. The law and terminology can differ between England and Wales, Scotland and Northern Ireland, and laws and official guidance can change over time. We take care to keep our information up to date, but you should check the current position and seek advice from an appropriately qualified legal professional where necessary. Podplan does not provide legal advice and cannot assess whether a particular Will, Power of Attorney or other legal document is suitable or valid for your individual circumstances.