A will is not just for later life or people with substantial wealth. If you own a home, have children, share finances or simply want the right people to receive your belongings, an estate planning checklist gives you a clear place to start. It helps turn a subject that is easy to postpone into a set of manageable decisions that can protect your family when they need clarity most.
Start with a clear picture of your estate
Your estate is broadly what you own, less what you owe when you die. Before making decisions about gifts, take time to write down your assets and liabilities. This does not need to be a formal valuation on day one, but it should be accurate enough to show what is likely to pass under your will.
Include your home or share of a property, savings, investments, premium bonds, cars, valuables and personal possessions. Also note mortgages, loans, credit cards and any other debts. Your executors will need to deal with these obligations before distributing the estate, so a realistic picture can prevent surprises later.
Keep this information somewhere safe and update it when your circumstances change. You do not normally need to list every bank account or item of jewellery in your will itself. A separate record is often more practical because it can be updated without rewriting the document.
Estate planning checklist: make the key decisions
A standard will can deal with many of the most important choices. Work through the following points before you begin, and you will find the will-writing process much more straightforward.
- Choose your beneficiaries. Decide who should inherit your estate, whether that is a spouse, civil partner, children, wider family, friends or charities. Be clear about whether you want to leave particular items or sums of money, then state who should receive everything else.
- Choose executors. Executors are responsible for administering your estate, applying for probate where needed, paying debts and distributing what remains. Many people appoint a spouse, adult child, relative or trusted friend. Choose people who are organised and likely to be willing to take on the role. You can appoint more than one and name a substitute.
- Make plans for children. If you have children under 18, consider who you would want to act as their guardian if both parents with parental responsibility have died. Speak to the person first. A guardian appointment in a will is a powerful expression of your wishes, though the court’s overriding concern will always be the child’s welfare.
- Consider what happens if someone dies before you. A gift to a beneficiary who has already died may fail unless the will provides an alternative. Naming replacement beneficiaries is particularly useful for parents who want a child’s share to pass to that child’s own children.
- Think about specific possessions. Family jewellery, a treasured collection, a vehicle or a sentimental item can cause more disagreement than its financial value suggests. Specific gifts can reduce uncertainty, but avoid giving away the same item twice or naming an item you may later sell.
These decisions are personal. Equal shares may feel right in one family, while another needs to account for a disabled beneficiary, a child from a previous relationship or someone who has provided significant care. Fair does not always mean identical, but your will should make your intentions unmistakable.
Check how your home is owned
For homeowners, the way a property is owned can be as important as the wording of the will. If you own a property jointly as beneficial joint tenants, the surviving owner will usually inherit the deceased owner’s share automatically. That share does not pass under the will.
If you own as tenants in common, each owner has a defined share that can be left by will. This can suit couples who want to protect a share of the home for children from an earlier relationship, while still allowing the surviving partner to remain in the property. It is a decision that requires care, particularly where a trust may be appropriate.
Do not assume the Land Registry title tells the whole story. Check how the property is held, and seek tailored legal advice if ownership, separation, blended families or property protection are involved.
Do not forget assets outside your will
Not everything passes through your will. Pensions, life insurance policies and jointly owned assets can follow separate rules. Review pension expression-of-wish forms and make sure the provider has your current nomination. If a policy is written in trust, the proceeds may also sit outside the estate.
This is one reason an estate plan needs regular attention rather than a will made once and forgotten. A new pension, a house move or a change in relationship can alter the outcome for your family even where the will itself still looks sensible.
You should also make a practical record of digital accounts. List important email accounts, cloud storage, online banking, subscriptions and social media profiles, but do not put passwords in your will. A will becomes a document your executors may need to share during administration. Use a secure password manager or separate confidential record instead.
Make your will legally valid
In England and Wales, a will must be in writing and signed by the person making it, in the presence of two witnesses who are present at the same time. The witnesses must then sign the will in the person’s presence.
Witnesses should be adults who understand what they are doing. Crucially, do not use a beneficiary, or the spouse or civil partner of a beneficiary, as a witness. The will may remain valid, but the gift to that witness or their spouse or civil partner can fail. Choosing independent witnesses is the safest approach.
A will must also reflect your genuine wishes. If there is a concern that someone is being pressured, lacks capacity, or cannot properly understand the document, professional advice is particularly important. The same applies where the estate is complex, there is a business involved, or a person wishes to exclude someone who may have a potential claim on the estate.
Marriage usually revokes an existing will, unless the will was made in contemplation of that particular marriage. Divorce does not automatically revoke a will, although provisions concerning a former spouse may be treated differently. These rules catch many people out, so review your will after any major relationship change.
Put lasting powers of attorney alongside your will
A will only takes effect after death. It does not allow anyone to make decisions for you if illness, injury or declining capacity means you cannot manage your affairs during your lifetime.
A lasting power of attorney is a separate legal document. A property and financial affairs LPA can allow chosen attorneys to deal with finances, while a health and welfare LPA can cover decisions about care and medical treatment if you lose capacity. You may not need every arrangement immediately, but it is worth considering both while you can make the choice yourself.
Record the practical details your family will need
Your executors should be able to find your original will and understand the basics of your affairs without searching through every drawer. Tell them where the signed original is stored. A scanned copy can be useful for reference, but it does not replace the original for probate purposes.
Alongside it, keep a private information sheet with the names of financial providers, account references, property details, insurance policies, pension providers and contact details for your accountant or financial adviser, if you have one. Review it once a year and after significant changes.
You can also leave funeral wishes. These can be a comfort to relatives, but they are not legally binding in the same way as gifts in a will. Keep them clear, realistic and easy to find. It can be helpful to tell close family about your preferences rather than relying on a document they may not see straight away.
Review your plan before life changes it for you
An estate plan is not a one-off purchase or a document to file away forever. Review it after marriage, divorce, separation, having children, buying or selling a property, receiving an inheritance, starting a business or losing someone named in your will. Even without a major event, a review every few years is sensible.
For many households, taking the first step with a clear online service such as English Wills can make an important task feel far less daunting. What matters is not having the most complicated plan. It is having a valid, up-to-date plan that reflects your life now, gives your executors direction and leaves the people you care about with fewer difficult decisions to make.