An estate planning checklist helps you work through the steps in a sensible order, from gathering information to signing and storing your documents. It is for people in England and Wales who want a Will and Lasting Powers of Attorney. It also helps if you need to update old arrangements. Work through it at your own pace.
Step 1: Gather the basic information
First, make a simple list of what you own and what you owe. It does not need to be perfect, because rough figures are fine at this stage.
- your home and any other property, and how it is owned (solely, as joint tenants or as tenants in common)
- bank and building society accounts, savings and investments
- pensions and life insurance policies, and whether you have filled in nomination forms
- business interests, if any
- property or accounts outside England and Wales
- digital accounts, such as online banking, email, photos and social media
- mortgages, loans and credit cards
Not sure how your home is owned? We can check the title register at HM Land Registry for you.
Step 2: List the people involved
Next, write down the full names of the people you may want to include. That means beneficiaries, executors and attorneys, plus guardians for children under 18.
Also note anyone who may need extra care. For example, a relative who receives means-tested benefits, or a child who may not be ready to manage money. A trust in your Will may help in these situations.
Step 3: Think about your goals
Now think about what you want to achieve. Perhaps you want to provide for a partner first and then your children. Alternatively, you may want to treat children from different relationships fairly, or leave a gift to charity.
Some people also want their share of the home to reach their children, even if their partner remarries. In that case, a Life Interest Trust may be worth discussing. Write your goals down in plain words. They do not need to be in legal language.
Step 4: Your Will, the heart of your estate planning checklist
Your Will is the core of the plan. It should cover:
- who inherits, and what happens if a beneficiary dies before you
- executors, plus replacements
- guardians for children under 18
- any trusts, such as a Life Interest Trust or a Discretionary Trust
- specific gifts, including any charity gifts
- funeral wishes, if you want to record them
Without a valid Will, the intestacy rules apply instead. Unmarried partners inherit nothing under those rules, and there is no such thing as “common-law marriage”. You can see the rules on the GOV.UK intestacy page.
When we write your Will, you receive a personalised booklet explaining your draft Will clause by clause, and you can make unlimited draft changes. We then post out your printed Will with a step-by-step Signing Guide.
Step 5: Sign your Will correctly
A Will must be signed in front of two witnesses who are both present at the same time. 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 stays valid, but that person loses their gift. If you would prefer us to oversee the signing, we offer a Will Signing Service.
Step 6: Lasting Powers of Attorney
A complete estate planning checklist should include LPAs, because a Will only works after death. There are two types:
- Property and Financial Affairs, covering money, bills and property
- Health and Welfare, covering care and medical decisions
You must make an LPA while you have mental capacity. It can only be used once the Office of the Public Guardian has registered it. The OPG fee is £92 per LPA, and registration currently takes around 8 to 10 weeks, so it is sensible not to leave it late. GOV.UK has more on making an LPA.
Step 7: Things to check with other professionals
Some parts of a full plan fall outside Will writing. We do not give financial, insurance or tax advice, so we can refer you to an appropriate professional for:
- Inheritance Tax planning and lifetime gifts
- whether a life insurance policy should be written in trust
- pension death benefits, particularly as most unused pensions come into Inheritance Tax from 6 April 2027
- business succession, shareholder agreements and business insurance
- overseas property, where a separate Will under local law may be needed
Some countries may not recognise an England and Wales Will. Others apply forced heirship rules. A local lawyer can advise on this. Meanwhile, the GOV.UK Inheritance Tax guide explains the main allowances.
Step 8: Store your documents safely
Your executors need to find your original Will. So keep it somewhere safe, and tell them where it is. Our Safe Will Plan includes fireproof storage, a password-protected copy and an annual reminder.
Also keep a separate list of your accounts and advisers. However, do not write passwords in your Will. A password manager with an emergency access feature is a safer option.
Step 9: Review your plan
Finally, an estate planning checklist is not a one-off task. Review your Will after any major change, such as:
- marriage or civil partnership, which revokes an existing Will unless it was made in contemplation of that marriage
- divorce or dissolution, after which a former spouse is treated as having died on the date of the final order
- births, deaths or a change in a beneficiary’s circumstances
- moving home, buying property abroad or starting a business
Our Safe Will Plan includes a free yearly review. Also, our Legacy Care Plan adds one minor update a year and a brand-new Will every three years, for Wills we have written.
Next steps
Our Wills and LPAs are offered at a fixed fee, and you can see the prices on our Wills Pricing and LPAs Pricing pages. Your initial chat is free and there is no obligation.
To work through your estate planning checklist with us, call 01865 507174 or email info@adewills.co.uk. You can also read more about our estate planning services.
