Article Guide • Wills & Powers of Attorney
Do I Need a Will or LPA if I Live Alone?
Living alone does not automatically mean that you need a Will or Lasting Power of Attorney, but it can make planning ahead particularly worth thinking about.
This guide explains what a Will and LPA each do, who could act for you, what happens if no arrangements are in place, and why the two documents deal with different parts of future planning.
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Do I Need a Will or LPA if I Live Alone?
Living alone does not automatically mean that you need a Will or Lasting Power of Attorney.
You may have children, other relatives, close friends or a partner who lives elsewhere. What matters is not simply who lives with you, but who you would want to deal with things if you were unable to do so yourself.
A Will and a Lasting Power of Attorney deal with two different parts of that planning.
A Will deals with what happens after your death.
A Lasting Power of Attorney allows you to choose people who can have authority to make certain decisions during your lifetime.
Living alone does not mean being without support. The important question is whether the people you trust would have the legal authority they needed if they ever had to act for you.
Why Might Living Alone Make Planning More Important?
There are no special legal rules simply because you live alone.
However, there may not be another person routinely involved in managing your home, finances or day-to-day affairs.
It is also easy to assume that a close friend or relative would simply be able to step in if something happened.
That is not always the case.
Being close to someone does not automatically give them authority to manage that person's finances or make decisions on their behalf.
The same applies after death. The people closest to you are not necessarily the people who would inherit your estate if you died without a Will.
What Does a Will Do?
A Will allows you to decide what should happen to your estate after your death.
This can include:
- who should receive your estate;
- who should act as your executor;
- what should happen to your home;
- who should receive particular possessions; and
- whether friends, relatives or charities should benefit.
Your executor is the person responsible for dealing with your estate and carrying out the terms of your Will.
For someone living alone, choosing the right executor can be just as important as deciding who should inherit.
What Happens if I Die Without a Will?
If you die without a valid Will, the law determines who inherits your estate under the intestacy rules.
The outcome depends on your family circumstances.
The rules do not look at who you were closest to or who you personally would have chosen.
This can be particularly important if someone significant in your life is not a spouse, civil partner or relative who would inherit under those rules.
For example, an unmarried partner does not currently have the same automatic inheritance rights as a spouse or civil partner in England and Wales.
A close friend does not automatically inherit simply because they have been an important part of your life.
A Will lets you decide
If the people you want to benefit would not necessarily inherit under the intestacy rules, a Will allows you to make those decisions yourself.
What Does a Lasting Power of Attorney Do?
A Lasting Power of Attorney, usually shortened to LPA, operates during your lifetime.
It allows you to appoint one or more people you trust, known as attorneys, to make certain decisions on your behalf.
There are two types of LPA.
Property and Financial Affairs LPA
This can cover matters such as:
- bank and building society accounts;
- paying bills;
- pensions and benefits;
- investments; and
- property.
This may become particularly important if you are unable to manage your own financial affairs and there is nobody else routinely involved in them.
Health and Welfare LPA
This can cover decisions about:
- medical treatment;
- care;
- where you live; and
- aspects of your daily welfare.
A Health and Welfare LPA can only be used to make a particular decision when you are unable to make that decision yourself.
You can find out more about both types on our Lasting Powers of Attorney page.
Can a Friend Be My Attorney?
Yes.
You do not have to appoint a spouse, partner or family member as your attorney.
A close friend can potentially act, provided they meet the requirements for becoming an attorney.
This can be particularly relevant for someone who lives alone.
The important consideration is who you trust to take the role seriously, understand your wishes and make appropriate decisions on your behalf.
You can also appoint more than one attorney and decide how you want them to make decisions.
What Happens if I Lose Capacity Without an LPA?
You must have the necessary mental capacity when you make an LPA.
If you lose that capacity before putting one in place, somebody else cannot simply make an LPA for you.
Nor does a relative or close friend automatically become your attorney.
There are legal processes for dealing with decisions where someone lacks capacity. In some circumstances, an application to the Court of Protection may be required for someone to gain ongoing authority to deal with particular matters.
Making an LPA in advance allows you to choose who you would want to act rather than leaving that issue to be dealt with after capacity has already been lost.
Choice comes before it is needed
An LPA allows you to choose the people you trust while you still have the mental capacity to make that decision yourself.
What About My Home?
Your home is a good example of why a Will and LPA do different things.
If you own your home, your Will can help determine what happens to it after your death.
A Property and Financial Affairs attorney may be able to deal with matters concerning your property during your lifetime if this becomes necessary.
If you own a property jointly with somebody else, the type of ownership also matters.
Property owned as joint tenants is treated differently on death from property owned as tenants in common.
Living in a property alone therefore does not necessarily mean that you own it alone.
Do I Need a Will, an LPA or Both?
They do different jobs.
A Will deals with what happens after your death.
An LPA deals with decisions during your lifetime.
A Will does not give your executor authority to manage your affairs while you are alive.
An LPA does not determine who inherits your estate after you die. An attorney's authority also ends when you die.
For some people, making a Will may be the immediate priority.
For others, putting LPAs in place may be particularly important.
Many people choose to have both so that there are clear arrangements for their lifetime as well as their estate.
What if I Already Have a Will or LPA?
Existing documents should still reflect your current wishes and circumstances.
It may be worth reviewing them if:
- your relationships have changed;
- someone you appointed has died or is no longer suitable;
- you have bought or sold property;
- your financial circumstances have changed; or
- you would now choose different executors, attorneys or beneficiaries.
A review does not automatically mean that a new Will or LPA is needed.
Sometimes the existing arrangements still work well. The purpose of reviewing them is to make sure.
You can find out more about reviewing existing documents on our Wills and LPA Reviews page.
Planning Ahead When You Live Alone
Living alone is not, by itself, a reason to make a Will or LPA.
What matters is having clear arrangements for the people, property and decisions that are important to you.
A Will allows you to decide who should benefit from your estate and who should deal with it.
Lasting Powers of Attorney allow you to decide who you would trust to deal with certain decisions during your lifetime.
Together, they can help make sure that the right people are able to act at the right time.
At a glance
What should I think about if I live alone?
Living alone does not automatically mean that you need a Will or LPA
A Will allows you to decide what happens to your estate after death
An LPA can give trusted people authority to make certain decisions during your lifetime
A friend can potentially be appointed as an attorney
A relative or friend does not automatically become your attorney if you lose capacity
A Will and an LPA deal with different parts of your future planning
Official guidance
Further Information
GOV.UK provides official guidance for England and Wales on making a Will, what happens when someone dies without a Will and making a Lasting Power of Attorney.
These can be useful sources of further information alongside considering your own circumstances and the people you would want to act for you.
Putting Clear Arrangements in Place
Living alone does not mean that you have nobody around you to help.
What matters is whether the people you trust would be able to act in the way you would want if the need ever arose.
A Will can put clear arrangements in place for your estate after your death.
Lasting Powers of Attorney can allow you to choose trusted people who could deal with particular decisions during your lifetime.
The right arrangements depend on your circumstances, relationships and wishes.
This article provides general information for people in England and Wales. It is not a substitute for advice based on your individual circumstances.
Planning ahead
Want to put clear arrangements in place?
A Will and Lasting Powers of Attorney deal with different parts of planning ahead. Explore the options and decide which arrangements are right for you.