A major new national report reveals a worrying gap in the legal arrangements people make to protect themselves and their loved ones. For younger families, the consequences of leaving things until later could be particularly serious.
According to The National Wills Report 2026, published by The National Will Register, just 16% of people surveyed have made both types of Lasting Power of Attorney.
Although half of adults (50.1%) have made a Will, only 34% have arranged at least one Lasting Power of Attorney (LPA) – when two are crucial, both Financial AND Welfare.
These figures suggest that millions of people may be leaving important decisions about their finances, health and families to chance.
And this isn’t simply a problem for older people. People under 70 do have illnesses and accidents, and some die, often unexpectedly.
Young Parents Have More to Protect Than They Might Think
When you’re in your twenties, thirties or forties, making a Will or arranging Lasting Powers of Attorney can seem like something to deal with later.
There are mortgages to pay, children to raise, careers to build and countless everyday demands on your time. And just maybe you should protect those children, though by omission, you could be leaving them to Social Services, rather than your choice of guardian.
Unfortunately, accidents, serious illnesses and unexpected deaths don’t wait until retirement.
Consider a couple in their thirties with two young children, a mortgage, savings and perhaps some life insurance.
What happens if one of them dies unexpectedly? Or suffers a serious accident or illness that leaves them unable to make decisions?
Without the right arrangements, the surviving partner could face financial difficulties, legal complications and considerable uncertainty at precisely the worst possible time. And as mentioned, Social Services could be deciding the childrens fate.
What Happens If You Die Without a Will?
Many people assume their husband, wife or partner will automatically inherit everything.
That isn’t necessarily true.
In England and Wales, if you die without a valid Will, your estate is distributed according to the legal rules of intestacy.
For married couples or civil partners with children, those rules can mean that the surviving partner must share the estate with the children, depending on its value.
For unmarried couples, the situation can be much worse.
An unmarried partner has no automatic right to inherit under the intestacy rules, regardless of how long the couple have lived together or whether they have children.
Although certain financial claims may be possible, they can involve legal proceedings, expense and uncertainty.
A properly prepared Will allows you to decide who inherits your estate and who should administer it.
It also allows parents to appoint guardians for their children if the necessary circumstances arise.
Without those arrangements, important decisions may have to be made without clear guidance from the parents.
What If You Don’t Die – But Can No Longer Make Decisions?
This is arguably the most overlooked risk.
A Will only takes effect when someone dies. It provides no authority for another person to manage their affairs during their lifetime.
Imagine a young father suffering a serious brain injury in a road accident.
He survives, but is unable to make decisions about his finances.
His wife needs to deal with the mortgage, household bills, savings and perhaps an account held solely in his name.
Being married does not automatically give her the legal authority to manage his individual financial affairs.
Without a Property and Financial Affairs LPA, she may need to apply to the Court of Protection for authority.
That can involve application fees, delays, paperwork and potentially ongoing responsibilities and costs.
Meanwhile, the family still needs to meet its everyday expenses.
A Health and Welfare LPA serves a different purpose. It allows someone you trust to make specified decisions about your care and treatment if you lose the mental capacity to make those decisions yourself.
Without one, family members should still be consulted where appropriate, but they do not automatically have the final say over every medical or welfare decision.
The Problem With Leaving It Until Later
One particularly revealing finding in the 2026 report is that 47% of people without a Will simply haven’t got around to making one.
Another 9% said they found thinking about their death uncomfortable.
These are understandable reactions, but putting off estate planning can transfer serious problems to the very people we most want to protect.
There is also a crucial difference between Wills and LPAs.
A person who has lost the mental capacity required to make an LPA cannot simply sign one afterwards.
By that stage, applying to the Court of Protection may be necessary.
The opportunity to choose who should have legal authority can therefore disappear unexpectedly.
Three Essential Protections for Younger Families
For most families in England and Wales, three documents deserve particular consideration.
1. A properly prepared Will
This determines who should inherit your estate, appoints executors and can provide for the appointment of guardians for young children. It can also include appropriate arrangements for managing children’s inheritance.
2. A Property and Financial Affairs LPA
This allows trusted people to deal with financial matters on your behalf, including bank accounts, investments, bills and property, within the authority given to them.
3. A Health and Welfare LPA
This allows chosen attorneys to make certain care and medical decisions if you are unable to make them yourself.
Life insurance and suitable income protection are also worth reviewing, particularly where children and mortgage commitments are involved. However, insurance cannot replace the legal authority provided by Wills and LPAs.
Having the Documents Is Only Half the Job
The report highlights another significant concern.
Some 29% of people who had dealt with another person’s paperwork after death did not know where to find the relevant documents.
And 13% of people who had made a Will had not told anyone about it.
Even carefully prepared arrangements can be less effective if nobody knows they exist.
Families should make sure their executors and other appropriate trusted people know where important documents are kept, including Wills, LPAs, insurance policies and essential financial information.
Protecting Your Family Isn’t Just About What Happens When You Die
The findings of The National Wills Report 2026 should encourage people to think beyond simply making a Will.
For younger families, the question is not necessarily how much money or property they own.
It is what would happen to their children, their home and their everyday financial security if one of the parents suddenly died or became unable to manage their affairs.
Putting the right legal protections in place need not be complicated, but leaving them until they are urgently needed can make matters considerably more difficult.
The best time to protect your family is while you are healthy, able to make your own decisions and have the opportunity to choose what should happen.
Source: The National Wills Report 2026, published by The National Will Register, based on research involving 2,004 UK respondents in September 2026.
Legal information in this article relates primarily to England and Wales. Different rules apply in Scotland and Northern Ireland.