Thinking about making a Will, or updating an existing one? From initial advice through to drafting and execution, our Private Client team provides comprehensive support at every stage of the estate planning process.
Recent statistics from The National Wills Register (2025) reveal that only 37% of people in the UK have made a Will, a decline from the previous year. Unsurprisingly, this figure is even lower among younger adults, with just 20% of 18–24-year-olds having a Will in place. However, estate planning is not just for the elderly or the wealthy. A carefully prepared Will is essential for anyone who wants to protect their family, assets, and personal wishes.
In our experience, overlooking the importance of estate planning often leads to unnecessary stress, avoidable tax liabilities, family disputes, and costly delays at an already difficult time.
Even where an estate appears straightforward, failing to make a Will can have serious and unintended consequences. A valid Will takes precedence over informal instructions, verbal promises, or assumptions about inheritance. Without one, the rules of intestacy apply, meaning the law, not you, decides who inherits your estate, and this may not reflect your intentions.
DIY Wills vs Professional Legal Advice
Deciding to make a Will is an important first step. Ensuring it is professionally prepared is equally crucial. There are several types of Wills that can be tailored to your individual circumstances, and according to The National Wills Register, 51% of Wills are drafted by a solicitor or other professional.
Without careful planning, professional advice, and precise drafting, Inheritance Tax (IHT) may take a significantly larger share of your estate than necessary, reducing what ultimately passes to your loved ones. Ambiguities or perceived unfairness in a Will can also give rise to disputes, particularly in blended families, causing emotional and financial strain.
For parents of children under 18, a professionally drafted Will allows you to appoint guardians of your choosing, providing reassurance that your children will be cared for according to your wishes should the worst happen.
While online templates and low-cost services may appear attractive, they often fail to address the legal complexities involved. If a Will does not comply with the Wills Act 1837, it may be deemed invalid, resulting in your estate being distributed under the intestacy rules rather than in line with your intentions. This highlights the importance of proactive, professional planning.
Trusts: More Than Just a Tax Tool
A trust is a legal arrangement created during lifetime or on death, where assets are placed under the control of trustees for the benefit of specified beneficiaries or purposes. While trusts are often associated with tax planning, they can serve a wide range of practical and protective functions, including:
- Protecting assets for children or grandchildren
- Safeguarding property from potential divorce or creditor claims
- Managing inheritance for vulnerable beneficiaries
- Ensuring assets are distributed in accordance with your wishes
Key Parties to a Trust
The Settlor The settlor creates the trust and determines how the assets should be used, as set out in the trust deed. Where the settlor wishes to benefit from the trust, specialist advice is essential due to specific tax implications.
The Trustees Trustees are the legal owners of the trust assets and must act in accordance with the settlor’s instructions. Their responsibilities include managing the trust assets, ensuring compliance with tax obligations, and exercising discretion in the best interests of the beneficiaries.
The Beneficiaries Beneficiaries may receive income, capital, or both from the trust. They can include individuals, classes of people, or multiple beneficiaries, depending on the settlor’s wishes.
There are many types of trusts, each with different tax treatments. Professional advice ensures you understand the options available and select the structure best suited to your circumstances. A well-designed trust can provide long-term security, reduce administrative burdens, and preserve family wealth for future generations.
Powers of Attorney: Planning for Incapacity
We strongly recommend considering Lasting Powers of Attorney (LPAs) alongside your Will. An LPA allows you to appoint trusted individuals to manage your financial and/or health and welfare decisions if you lose mental capacity.
Without an LPA in place, family members may be required to apply to the Court of Protection for authority to act on your behalf, a process that can be time-consuming, expensive, and distressing.
Although it can be difficult to contemplate, incapacity, illness or injury can affect anyone at any time. Government figures estimate that around 800,000 people in the UK are living with dementia, and brain injuries arising from accidents or sporting activities occur frequently. While these situations are not always foreseeable, thoughtful planning can help ensure your affairs are managed in line with your wishes should the need ever arise.
Practical Steps to Protect Your Estate
- Make or update your Will — Even simple estates benefit from clear, professional advice.
- Consider trusts — Particularly if you have children, blended families, or significant assets.
- Put LPAs in place — To plan for potential incapacity.
- Review regularly — Life events such as marriage, divorce, or property purchases can impact your estate plan.
- Seek specialist advice — A private client solicitor can tailor a solution that is legally compliant and tax-efficient.
Why Estate Planning Matters
Estate planning is about far more than finances. It is about protecting your family, preserving relationships, and ensuring your wishes are respected. Taking action now can save your loved ones significant time, stress, and expense in the future.
Inheritance disputes are increasing across England and Wales, with many families facing conflict or unexpected tax bills simply because proper planning was not undertaken. The law offers effective tools to protect your estate, but only if they are used correctly. A modest investment of time today can prevent serious difficulties tomorrow.
Take the Next Step
Our experienced Private Client solicitors can guide you through every aspect of estate planning, helping you make informed decisions that are right for you and your family.
Contact our Private Client team today to discuss how we can help.