Wills and powers of attorney: how the rules differ across the UK
Signing and witnessing rules for wills in England and Wales, Scotland and Northern Ireland, what happens on marriage, and which power of attorney you need where you live.
A will made correctly in one part of the UK can be invalid, or work differently, in another. The same goes for powers of attorney. If you're comparing will-writing fees, it helps to know what the solicitor has to do in your part of the UK, and what you're paying for.
Making a valid will
| England and Wales | Scotland | Northern Ireland | |
|---|---|---|---|
| Minimum age | 18 | 12 | 18 |
| Witnesses | Two, present together when you sign | One | Two, present together when you sign |
| Signing | At the end | On every page | At the end |
| Does marriage cancel an existing will? | Yes, unless made in expectation of that marriage | No | Yes, unless made in expectation of that marriage |
In England, Wales and Northern Ireland, a witness who benefits from the will, or whose spouse or civil partner does, normally loses that gift, although the rest of the will stands. Scots law has no such rule, but an independent witness is still the safe choice.
Leaving your estate as you choose
In England, Wales and Northern Ireland you can, in principle, leave your estate to anyone. Family members and dependants who are left out can ask the court for reasonable provision, so an unusual will benefits from careful advice.
Scotland is different. A spouse or civil partner and children have legal rights to a share of the moveable estate (money, shares, belongings, but not land and buildings) whatever the will says. This is one reason a Scottish will should be drafted by someone who knows Scots law.
Powers of attorney
A power of attorney lets someone you trust make decisions for you if you can't. Each part of the UK has its own system.
England and Wales: lasting powers of attorney
There are two types of lasting power of attorney (LPA): one for property and financial affairs, and one for health and welfare. Each must be registered with the Office of the Public Guardian before it can be used, and registration costs £92 per LPA, so £184 for both. People on low incomes or certain benefits can apply to pay less.
Scotland: continuing and welfare powers of attorney
Scotland has continuing powers of attorney for money and property, and welfare powers of attorney for personal and medical decisions. They're often combined in one document. A solicitor or doctor must sign a certificate confirming you understand what you're signing, and the power is registered with the Office of the Public Guardian (Scotland), which charges a fee per document.
Northern Ireland: enduring powers of attorney
In Northern Ireland the usual document is an enduring power of attorney (EPA). It covers property and financial affairs only; there is no equivalent for health and welfare decisions. An EPA can be used as soon as it's signed while you still have capacity. Once your attorney believes you are losing capacity, they must give notice to your relatives and apply to register it with the Office of Care and Protection, which charges a registration fee.
Northern Ireland's Mental Capacity Act 2016 allows for a new kind of lasting power of attorney, but check the current position before relying on it.
What a will-writing quote should include
- A meeting or call to take instructions, and the drafting itself
- At least one round of amendments
- Guidance on signing, or a supervised signing appointment
- Storage of the original, and whether that costs extra
Simple wills are usually a fixed fee, with a discount for mirror wills for couples. Wills involving trusts, a business, property abroad or a blended family take more work and cost more. VAT is added to solicitors' fees.
Frequently asked questions
Is a will made in England valid in Scotland?
Generally yes, if it was validly made where you lived when you signed it. But Scottish legal rights still apply to the moveable estate of someone who dies domiciled in Scotland, so a move north is a good time to review your will.
Do I need a health and welfare power of attorney?
In England, Wales and Scotland it's worth considering, because without one, decisions about your care may fall to doctors or require a court application. Northern Ireland has no health and welfare power of attorney at present.
How long does it take to make a will?
Usually one to two weeks from your first meeting, depending on how complex your wishes are.
Sources
- Make a lasting power of attorney (GOV.UK)
- Register your lasting power of attorney (Office of the Public Guardian)
- Office of the Public Guardian (Scotland)
- Managing your affairs and enduring power of attorney (nidirect)
This guide is general information about the law and fees at the date shown, not legal advice for your situation. Rates and court fees change, so check the official sources linked above or ask a solicitor before you rely on a figure.