Reviewing an old will and LPA together

Reviewing an old will and LPA together helps identify changes in people, assets and wishes. Will updates require the appropriate formal process, while LPA cancellation or replacement follows separate rules. ^[1][2]

Compare appointments against current circumstances Check whether executors, attorneys and replacements are alive, willing and suitable. Note changed relationships, addresses and professional firms. An old appointment may still be effective while becoming impractical for the role intended.

Compare asset ownership and family responsibilities with the documents' assumptions. A business sale, new dependency or move between jurisdictions may require more than a minor wording update.

Keep lifetime and death authority distinct An attorney's role operates during the donor's lifetime; an executor's authority concerns the estate after death. Naming the same person in both documents does not merge those roles.

Prepare a current information pack and check the sequence for any LPA revocation. Identify all original documents before replacing them. Do not destroy an existing will or cancel useful authority merely because a new draft has been prepared but not validly completed.

Build a document map before deciding what to replace Locate the original will, codicils, LPAs and any earlier enduring power or related court order. Record dates, document holders and the people named in each role. Include letters confirming registration or later changes, and identify incomplete drafts separately. An old folder can contain both operative instruments and abandoned proposals, so ask the adviser to establish the current position before treating the most recent-looking file as authoritative. If an original is missing, disclose that problem at the start rather than quietly working from an unverified scan.

Prepare a short account of what has changed since the documents were made. Cover relationships, dependencies, business interests, property ownership and the availability of the appointed people. Explain which problems are practical, such as an attorney living far away, and which concern your underlying wishes. A document does not become invalid merely because it is old, but age can conceal assumptions that no longer fit. The review should identify the required changes rather than start from the premise that every instrument must automatically be replaced.

Test the people and powers against the present tasks For the LPA, ask whether the attorneys and replacements can act under its actual appointment structure and whether the powers fit current needs. Consider banking, property, business and welfare responsibilities separately. For the will, review executors, beneficiaries and any continuing trusts or guardianship provisions. The same person may be suitable for one role and unsuitable for another. Avoid using a single family hierarchy as the answer to all appointments without considering the work, relationships and legal responsibilities attached to each document.

Discuss circumstances in which the plan could fail. An attorney might cease acting before a replacement arrangement is available, while an executor might be unable to administer a complex estate. A beneficiary may have died or developed different support needs. Ask the adviser to explain the existing fallback provisions and whether they achieve the intended result. Where a professional firm is named, confirm its current identity and the effect of any merger or retirement. Keep the review grounded in the wording rather than relying on an assumption that a successor firm or relative automatically takes over.

Agree a sequence that avoids unfinished transitions GOV.UK explains formal will updates and a separate process for ending an LPA. Ask the adviser to set out which documents require revision, revocation, registration or notification and in what order. A new draft does not by itself replace the existing instrument. Where continued financial help is needed, discuss the consequences of cancelling an appointment before a replacement is ready. If capacity is in question, obtain advice about the particular decision and available options instead of assuming that a new signature can resolve the difficulty. [1][2]

Check connected arrangements that require action outside the solicitor's file, including provider nominations, account recognition and property documents. Allocate each step to a named person and retain evidence of completion. If an institution has relied on an appointment that ends, ask how it should be notified through its recognised process. Keep old and new versions clearly distinguishable while following advice on the treatment of originals. Destroying a document too early or leaving obsolete copies circulating can create avoidable uncertainty about which authority others may rely on.

Make the boundary between lifetime and estate work visible An LPA ends on the donor's death; it does not provide continuing authority to administer the estate. Explain that boundary to anyone appointed in both documents and identify where they should obtain advice when the role changes. The estate may need a different process, evidence and account arrangements even though the individual handling matters is familiar with the finances. Keep a practical record of important commitments and contacts so knowledge can transfer appropriately without suggesting that the attorney's existing access may simply continue unchanged. [2]

After the review, update the document index and give appointed people enough information to find the relevant originals. Record the date, decisions made and outstanding actions, including matters intentionally left for later advice. Set further review triggers linked to real changes rather than relying only on the age of the documents. The completed exercise should leave a coherent account of who can assist during life, who will deal with the estate and how each person establishes their authority, with formal changes actually completed and practical records ready to support them.