Start with the people, then the paperwork
Estate planning is more than writing a Will. A useful plan asks who relies on you, what you own, who could act during your lifetime and what should happen after death. The answer can be straightforward for one family and require coordinated advice for another.
This estate planning checklist is for families in England and Wales. Work through it in order. You do not have to know which document or Trust you need before starting.
1. List the people affected by your plan
- Write down your spouse or partner, children, stepchildren, grandchildren and anyone financially dependent on you.
- Consider a guardian for children under 18 and suitable executors to deal with your estate.
- Think about anyone who may need ongoing support, including a beneficiary with additional needs.
- Identify potential tensions: a second marriage, children from an earlier relationship, an unmarried partner or unequal gifts.
Do not assume that family relationships alone produce the outcome you intend. For example, an unmarried partner does not automatically inherit under the intestacy rules in England and Wales. Read the official GOV.UK intestacy guidance.
2. Make a simple inventory of assets and debts
List your home, other property, savings, investments, pensions, life policies, business interests and significant possessions. Note mortgages, loans and other liabilities. You do not need to publish account numbers in a Will; keep a secure, up-to-date record so the right people can locate everything later.
Check the beneficiary nominations and terms of pensions and life cover. They may be dealt with outside the Will, depending on the arrangement. If you own a business, record where the shareholder or partnership agreements are held and who can keep it operating if you become unavailable.
3. Check how your home is owned
If you own property with someone else, find out whether you are joint tenants or tenants in common. With a joint tenancy, the property normally passes to the surviving joint owner on death. A tenant in common owns a distinct share that can be dealt with under a Will. This difference can matter greatly for unmarried couples, second marriages and children from previous relationships. GOV.UK explains joint property ownership.
Not sure whether your Will and home ownership work together?
That is exactly the kind of question to raise in your complimentary Family Legacy Review. Tell us your postcode and what you are unsure about; we will call to discuss the right next step.
Ask Evans Legacy Planning to review the question →4. Review your Will
A Will says how you want your estate dealt with after death. Check the beneficiaries, executors, any guardians, substitute beneficiaries and what should happen if someone named in the Will dies before you. Make sure the signed original can be found.
Review the document after marriage or civil partnership, separation, divorce, a new child, a property move, a bereavement or a substantial change in assets. Marriage or civil partnership usually revokes an earlier Will unless it was made in contemplation of that particular event. You should get advice on the effect of a specific change before assuming the old Will still works. See GOV.UK guidance on updating a Will.
Our Will writing service explains the questions to consider if you are making or reviewing one.
5. Plan for decisions during your lifetime
A Will does not give somebody authority to manage your finances or make welfare decisions if you cannot make a particular decision yourself. There are two types of Lasting Power of Attorney (LPA): property and financial affairs, and health and welfare. They serve different purposes, and an LPA must be registered before an attorney can use it. A health and welfare attorney may act only when you lack capacity for the relevant decision. Read the official LPA overview.
Ask who you trust, whether a replacement attorney would be sensible and whether your choices work with any business responsibilities. You must make an LPA while you have the capacity required to do so. Explore our Lasting Powers of Attorney guidance for the practical next steps.
6. Decide whether a Trust needs to be explored
A Trust may help where assets need management for a beneficiary or where a family arrangement requires more structure. But Trusts create duties for trustees and can bring tax, registration and ongoing administration issues. They are not automatically a way to avoid Inheritance Tax or care costs.
Start with the aim: who needs support, what asset is involved, for how long and who could act as trustee? Then ask a suitably qualified professional whether a Trust is proportionate. Read our Trust planning overview before deciding.
7. Make the plan usable and set a review date
- Tell your executors and attorneys where the latest documents are stored and how to contact the relevant advisers.
- Keep a secure list of important accounts, property records and digital services. Do not share passwords in a public document.
- Record any letters of wishes separately and understand that their legal effect differs from a Will.
- Review the plan after a major life event and periodically while your circumstances remain stable.
Common questions about estate planning
Is a Will enough for an estate plan?
It may cover the distribution of your estate after death, but it does not appoint someone to make lifetime decisions for you. You may also need to consider LPAs, property ownership, beneficiary nominations and the needs of dependants.
Do I need a Trust?
Not necessarily. Trusts can be useful for particular goals, but they carry responsibilities and costs. Explain the outcome you want before choosing a structure.
When should I update the plan?
Revisit it after marriage or separation, children, a house move, business changes, a death in the family or a significant shift in finances. Also check whether the people appointed can still act.
What if I am unsure where to start?
Start with the first three steps: people, assets and home ownership. A conversation can then identify whether the Will, LPAs or wider planning needs attention first.
This article gives general information about England and Wales and is not individual legal, tax or financial advice. Last reviewed: 15 October 2026.