Plain answers on wills and LPAs
Each guide gives the short answer first, then the section of the Act or the case it comes from. They explain the law in general and are not advice on a particular matter.
Who can witness a will in England and Wales
A will needs two witnesses who are both present when the person signs or acknowledges their signature. A witness, or a witness's husband, wife or civil partner, cannot take a gift under the will. The gift to them fails, but the will itself stays valid.
Property and financial or health and welfare LPA
They are two separate documents. A property and financial affairs LPA covers money and property and can be used once it is registered, with the donor's permission. A health and welfare LPA covers care and treatment and can only be used when the donor cannot make their own decisions. Both must be registered with the Office of the Public Guardian before use.
Does marriage or divorce change a will?
Marriage or a civil partnership revokes an existing will, unless the will was made expecting that marriage and shows it was meant to survive. Divorce does not revoke a will, but the former spouse is treated as if they had died on the date of the divorce, unless the will says otherwise.
How capacity to make a will is tested
A person making a will must understand what a will does, roughly what they own, and who might expect to benefit, and no disorder of the mind may be distorting their decisions. This is the common law test from Banks v Goodfellow (1870). Capacity is presumed, so the question usually arises when there is a reason to doubt it.
Page updated 2 November 2026.