Probate, Wills and Power of Attorney: What's the Difference?

If you've recently lost someone, you may have heard all three of these terms in the same week. They sound similar, they're often mentioned together, and they're all connected to managing someone's affairs. But they each mean something quite different, and knowing which is which can save you a great deal of confusion at an already difficult time.

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What is a Will?

A Will (sometimes called a "Last Will and Testament") is a legal document that a person writes during their lifetime to say what they want to happen to their belongings after they die.

A valid Will in the UK must be:

• Written down
• Signed by the person making it (the "testator")
• Witnessed by two independent people who also sign it

A Will can name an executor (the person responsible for carrying out the wishes in the Will), leave specific items or money to specific people, and set out any other wishes, such as funeral preferences.

Importantly, a Will only takes effect after death. While someone is alive, a Will has no legal power at all.

If someone dies without a Will, they are said to have died "intestate." In that case, the law decides who inherits, following the intestacy rules. These rules do not automatically benefit unmarried partners, no matter how long they have been together. Only a valid Will can guarantee that your wishes are followed.

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What is Power of Attorney?

Power of Attorney (POA) is a legal arrangement that allows one person (the "donor") to give another person (the "attorney") the authority to make decisions on their behalf while they are still alive.

The most common type for family situations is a Lasting Power of Attorney (LPA), which covers either:

• Property and Financial Affairs (managing bank accounts, paying bills, selling property)
• Health and Welfare (making decisions about medical treatment and care)

An LPA must be registered with the Office of the Public Guardian before it can be used. It can only be set up by the donor while they have the mental capacity to do so.

The critical point is this: Power of Attorney ends at death.

The moment a person dies, any LPA or other Power of Attorney they granted is no longer valid. The attorney's authority stops immediately. This is one of the most common misconceptions families face when someone passes away. Even if you held a full Power of Attorney for your parent while they were alive, you have no legal authority to access their bank accounts or deal with their property after they die.

That is where probate comes in.

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What is Probate?

Probate is the legal process that gives you the authority to deal with a deceased person's estate after they have died.

In practical terms, it means applying to a court for a document known as a Grant of Representation. This grant is what banks, building societies, land registries, and other institutions need to see before they will release funds or transfer assets.

There are two main types:

• Grant of Probate - issued when there is a valid Will and a named executor who is willing to act
• Letters of Administration - issued when there is no Will, or when there is a Will but no executor can act

If you are in Scotland, the equivalent process is called Confirmation, and it is handled through the Sheriff Court rather than the Probate Registry.

When is Probate Actually Needed?

Not every estate requires probate, and many families are relieved to discover they can handle things without it. Probate is generally needed when the person who died held:

• Property (land or buildings) in their sole name
• Bank or savings accounts above the threshold set by that individual institution (this varies, but is typically somewhere between £5,000 and £50,000)
• Shares or investments in their sole name

Probate is generally not needed for:

• Assets held in joint names that pass automatically to the surviving owner (such as a jointly-owned home or a joint bank account)
• Pensions or life insurance policies with a named beneficiary
• Small estates where all assets are below each institution's threshold

If you are not sure whether probate is required, most banks will tell you once you contact them and explain the situation.

What Does the Probate Process Involve?

The process takes time, but it follows a clear sequence:

1. Register the death and obtain the death certificate (you will usually need several certified copies)
2. Locate the Will, if there is one, and confirm it is valid
3. Value the estate by adding up all assets at the date of death and deducting any debts, the mortgage, and funeral costs
4. Complete the inheritance tax forms for HMRC, if tax is due
5. Submit the probate application online or by post, along with the Will (if there is one) and the application fee
6. Receive the Grant and use certified copies to collect assets from banks and institutions
7. Pay any debts and taxes, then distribute what remains to the beneficiaries

The Grant of Probate typically takes between 4 and 16 weeks to arrive after you apply, though this can vary.

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How They All Fit Together

It helps to think of these three things as covering different stages of life:

Document	Purpose	When it's used
Will	Sets out your wishes	After death
Power of Attorney	Authorises someone to act for you	During your lifetime only
Probate	Gives legal authority to deal with the estate	After death

A common situation a family might face looks like this:

Your mother set up a Lasting Power of Attorney, naming you as her attorney. While she was alive, you used it to help manage her finances as her health declined. She also made a Will, leaving everything to you and your brother equally.

When she dies, the Power of Attorney immediately ends. To access her bank accounts and deal with her house, you need to apply for a Grant of Probate, using the Will as the basis for your application. Once the Grant arrives, you can step into your role as executor and begin settling the estate.

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A Note on Inheritance Tax

Many families worry about inheritance tax (IHT) before they even begin. The reality is that only around 4% of UK estates pay any inheritance tax at all.

The standard threshold is £325,000. If the estate includes a family home passing to direct descendants, an additional allowance of up to £175,000 may apply. Anything above the threshold is taxed at 40%, but the vast majority of estates do not reach that point.

You will still need to report the value of the estate to HMRC as part of the probate process, even if no tax is owed. The forms required depend on the size and complexity of the estate.

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You Do Not Have to Work This Out Alone

If you have just lost someone and all of this feels overwhelming, that is completely understandable. Estate administration genuinely is complex, and it takes most families between 9 and 12 months to complete.

What helps is having a clear picture of what needs to happen and in what order. EstateCopilot was built specifically for this. It guides you step by step through the entire process, from the first days after a death through to distributing the estate to beneficiaries. It works across England and Wales, Scotland, and Northern Ireland, generates the probate forms you need, and calculates whether inheritance tax applies to the estate.

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Frequently Asked Questions

Can I use a Power of Attorney after someone has died?

No. Power of Attorney ends the moment the person who granted it passes away. After death, you need a Grant of Probate (or Confirmation in Scotland) to have any authority over the estate.

What if there is no Will?

You can still apply for probate. In this case, you would apply for Letters of Administration rather than a Grant of Probate. The estate is then distributed according to the intestacy rules, which are set out in law.

Do I need a solicitor to apply for probate?

Not necessarily. Many executors handle straightforward estates themselves. A solicitor is worth considering if the estate is large, involves trusts or foreign assets, or if the Will is being contested. For most families dealing with a standard estate, a guided approach is entirely manageable.

What is the probate application fee?

In England and Wales, the fee is £300 for estates valued above £5,000. There is no fee for smaller estates. Additional certified copies of the Grant cost £16 each, and you will typically want several.

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This article is for general guidance only and does not constitute legal advice. If your estate involves complex assets, a contested Will, or significant inheritance tax, we recommend speaking with a qualified solicitor.