A complete estate plan usually involves more than a Will. The right estate planning documents work together to cover what happens if you die, and what happens if you become unable to make decisions. This guide explains five key estate planning documents for people in England and Wales, what each one does and how to keep them safe.
1. Your Will
Your Will is the cornerstone of your estate planning documents. It says who inherits, names your executors and appoints guardians for children under 18. It can also set up trusts, for example to protect a young or vulnerable beneficiary.
What makes a Will valid
To make a valid Will, you must be 18 or over and have mental capacity. You must sign it, or acknowledge your signature, in front of two witnesses who are present at the same time. Each witness then signs too. Remote video witnessing is no longer allowed for Wills made from 1 February 2024.
A witness should not be a beneficiary or the spouse or civil partner of a beneficiary. If they are, the Will is still valid, but that person loses their gift. The GOV.UK page on making a Will covers the basics.
Why Wills go wrong
Vague wording is a common problem. For example, “my jewellery to my daughter” causes difficulty if you have two daughters. Life changes matter too. Marriage or civil partnership revokes an existing Will unless it was made in contemplation of that marriage. After divorce or dissolution, a former spouse is treated as having died on the date of the final order.
2. Lasting Powers of Attorney
Unlike a Will, a Lasting Power of Attorney (LPA) works during your lifetime. It lets people you trust make decisions if you cannot. There are two types.
- Property and Financial Affairs: covers bank accounts, bills, investments, benefits and property. If you choose, it can be used once registered, even while you still have capacity.
- Health and Welfare: covers care, medical treatment and where you live. It can only be used when you lack capacity to make the decision in question.
You must make an LPA while you have mental capacity, and it can only be used once the Office of the Public Guardian (OPG) has registered it. The OPG fee is £92 per LPA, although reductions or exemptions may apply. Registration currently takes around 8 to 10 weeks.
If there is no LPA
Nobody, not even a spouse, has automatic authority to manage your sole accounts or make welfare decisions for you. Instead, your family may need to apply to the Court of Protection for a deputyship order. This usually takes months and involves court fees, ongoing supervision fees and annual reports. GOV.UK explains more about making an LPA.
3. A letter of wishes
A letter of wishes sits alongside your Will. It is not legally binding, but it guides your executors and trustees. It is especially useful where your Will includes a trust, because it explains how you would like the trustees to use their discretion.
You can also use it to explain your reasons for a gift, or to say who should have particular sentimental items. Because it is not part of your Will, you can update it without the formal signing rules. However, it cannot override what your Will says.
4. A record of your digital assets
Most of us now have online banking, email, photos and social media accounts. Some people also hold cryptocurrency. So your executors need to know what exists and what you want done with it.
Keep a list of your accounts and what should happen to each one. However, do not write passwords in your Will, because a Will becomes a public document after probate. A password manager with an emergency access feature is a safer option. Many platforms also have their own tools, such as Google’s Inactive Account Manager or a Facebook legacy contact.
5. Your funeral wishes
Funeral wishes are not legally binding, but writing them down helps your family. You might cover burial or cremation, the type of service, and any religious or cultural requirements. Some people record these in their Will, while others prefer a separate note, because the Will may not be read until after the funeral.
If you already have a pre-paid funeral plan, record the provider and plan number with your estate planning documents so your family can find them. Since 29 July 2022, funeral plan providers must be authorised by the Financial Conduct Authority. We do not recommend or sell funeral plans.
Other documents you might need
Some situations need more than the core five. A Will trust can help in several cases:
- Life Interest Trust: lets a spouse or partner benefit during their lifetime while keeping the capital for your children.
- Discretionary Trust: gives trustees flexibility over who benefits and when.
- Vulnerable Beneficiary Trust: provides for someone who may need extra support.
Business owners may also need shareholder or partnership agreements, and people with property abroad may need a separate local Will. For Inheritance Tax, business or overseas matters, we can refer you to an appropriate professional. Note that, from 6 April 2025, Inheritance Tax on worldwide assets depends mainly on long-term UK residence, rather than domicile. The GOV.UK Inheritance Tax guide explains the main rules.
Storing your estate planning documents
Your executors and attorneys need to be able to find your original documents. A drawer at home can be lost, damaged or overlooked. Our Safe Will Plan stores your original Will in fireproof storage, keeps a password-protected copy and sends you an annual reminder. When the time comes, we release the Will to your executors.
Tell your executors and attorneys where your documents are kept. Also, give them a list of your key contacts, such as your bank, pension provider and accountant.
Keeping your documents up to date
Review your estate planning documents after any big change, such as marriage, divorce, a birth or a house move. The Safe Will Plan includes a free yearly review. Our Legacy Care Plan adds one minor update a year and a brand-new Will every three years, for Wills we have written.
How A.D.E. Wills can help
We write Wills, Will trusts, letters of wishes and LPAs, all at a fixed fee. You can see the prices on our Wills Pricing and LPAs Pricing pages. We are professional Will writers, not solicitors, and we do not give financial or tax advice.
To talk about which estate planning documents you need, call 01865 507174 or email info@adewills.co.uk. You can also read more about our estate planning services.
