Essential estate planning goes further than a simple Will. A basic Will can be a good start, but it may not deal with illness, blended families, vulnerable beneficiaries, a business or your digital life. This guide looks at the parts of an estate plan that are often missed, so your family is better prepared if something happens.
Why a Will alone isn’t enough
A Will only takes effect when you die. So what happens if you have a stroke, or develop dementia? Who would pay your bills or decide about your care? These questions show why essential estate planning usually involves more than one document.
Think of it like home security. A front door lock helps, but most people also lock their windows. In the same way, a Will is one important part of a wider plan. Modern families also bring new questions, such as second marriages, online accounts and property abroad.
Lasting Powers of Attorney: your voice when you cannot speak
The two types of LPA
Lasting Powers of Attorney (LPAs) are often the most overlooked part of estate planning. They let you choose who makes decisions if you lose mental capacity. The Office of the Public Guardian registers two types.
First, a Property and Financial Affairs LPA lets your attorneys pay bills, manage your accounts and sell property. Without one, your family may struggle to deal with accounts in your sole name. Banks often allow a joint account holder to keep using a joint account, but some may restrict it once they know the other holder has lost capacity.
Second, a Health and Welfare LPA covers decisions about treatment, care and where you live. Without one, professionals make decisions in your “best interests”, which may not match what you would have chosen.
The cost of not having LPAs
If someone loses capacity without LPAs, their family may need to apply to the Court of Protection for a deputyship order. This usually takes months. There is a court application fee, then ongoing annual supervision fees, and legal costs if a solicitor helps with the application.
Deputies must also report to the Office of the Public Guardian each year and may need court permission for larger decisions. By contrast, an LPA lets you choose your attorneys while you still have capacity. The OPG fee is £92 per LPA, and registration currently takes around 8 to 10 weeks, so it pays to act early.
Trust planning for modern families
Life Interest Trusts for second marriages
Second marriages raise a common worry. You want to provide for your spouse, but you also want your children to inherit in the end. If you leave everything outright to your spouse, they can later leave it to anyone they choose.
A Life Interest Trust in your Will can help. Your spouse can live in the home, or receive income, for the rest of their life. Then, after their death, the capital passes to the people you chose, such as your children.
Because the trust holds your share, it is not owned by your surviving spouse. So, in many cases, that share is not counted as theirs if they later need care. However, this depends on the facts and the rules at the time, and nothing can guarantee the outcome. Also, giving away assets during your lifetime to avoid care fees can be treated as deliberate deprivation of assets. Our page on care fees and your home explains more.
Trusts for vulnerable beneficiaries
Some beneficiaries need extra care. For example, a direct inheritance could affect means-tested benefits, or a beneficiary may not be able to manage a large sum. A Vulnerable Beneficiary Trust or a Discretionary Trust lets trustees use the money for that person’s benefit. As a result, the trustees can pay for extras such as equipment, therapies or holidays.
Business succession
For business owners, the company may be your largest asset. So it is worth thinking about who runs it if you are suddenly unable to, and how family members will receive its value.
For example, if one child works in the business and others do not, equal shares may cause conflict. Your Will can leave the business to the working child and other assets to the rest. However, shareholder agreements, buy-out funding and life insurance are matters for your accountant, solicitor or financial adviser. We can refer you to an appropriate professional.
Business Property Relief can reduce the Inheritance Tax due on qualifying business assets. However, strict conditions apply, and from 6 April 2026 full relief is limited to a capped allowance. We do not give tax advice, so please check your position with an accountant or tax adviser. The GOV.UK Inheritance Tax guide explains the basics.
Digital legacy
Why digital assets matter
Photos, emails and online accounts can hold great sentimental value. Some people also hold cryptocurrency or run online businesses. Yet many people make no plan for any of this.
Many platforms have their own tools. For example, Google offers an Inactive Account Manager and Facebook lets you choose a legacy contact. However, many platforms also forbid sharing passwords.
Creating a digital inventory
Start by listing your online accounts, including banking, email, social media and cloud storage. Note which ones have money or sentimental value, and which should be closed.
Never write passwords in your Will, because a Will becomes a public document after probate. Instead, use a password manager with an emergency access feature, and tell your executors it exists.
International considerations
Many people in England and Wales own a holiday home abroad or have accounts or pensions overseas. Different countries have different inheritance rules, and some apply forced heirship. So a Will made here may not be enough for property abroad.
We write Wills dealing with assets in England and Wales. Where you have assets overseas, we recommend you speak to a lawyer in that country, who can advise whether a separate local Will is needed. We can then make sure your England and Wales Will does not accidentally revoke it.
Regular reviews: part of essential estate planning
Life changes, and so should your plan. 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.
Our 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.
Your next steps
Essential estate planning covers incapacity, family protection and what happens after death. Our Wills, trusts and LPAs are offered at a fixed fee, and you can see the prices on our Wills Pricing and LPAs Pricing pages.
To talk about what your plan should include, call 01865 507174 or email info@adewills.co.uk. You can also read more about our estate planning services.
