Your Legal Planning Life Journey: | The Professional Will Writer & LPA Specialist

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Has your legal planning kept up with your life?

Life has a habit of changing our circumstances, sometimes gradually and sometimes overnight.

A new relationship, buying your first home, having children, starting a business, receiving an inheritance or losing someone close to you can all affect what should happen to your money, property and family.

Yet many people make a Will, put it in a drawer and never think about it again.

The problem isn’t necessarily that your Will was wrong when you made it. It’s that your life may have changed while your legal planning hasn’t.

And a Will is only part of the picture. Lasting Powers of Attorney, property ownership, pensions, family arrangements and other important decisions all deserve attention at different stages of life.

This guide takes you through the main stages, highlights what might need doing and explains some of the mistakes worth avoiding.

You certainly won’t need every service mentioned here. The trick is recognising what actually matters to you.

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Stage 1: Starting a Family – Pregnancy to Age 18

If something happened to you, who would look after your children?

Becoming a parent changes your responsibilities almost overnight.

Most parents concentrate on providing a home, earning a living and keeping the family healthy and happy. Understandably, making Wills and Powers of Attorney rarely comes top of the list.

Unfortunately, this is precisely when they can become particularly important.

Making a Will

A properly written Will can provide for your children and appoint guardians who may be able to take responsibility for them if you die.

But appointing guardians is not always straightforward. Their appointment does not automatically override the rights of another person with parental responsibility.

If you haven’t considered this, have a look at my explanation of Parental Responsibility.

You should also consider how your children would inherit.

Would you really want an 18-year-old to receive a substantial inheritance outright? Some would manage it perfectly well. Others might not.

Appropriate trust provisions within a Will can allow money to be managed for younger beneficiaries and, depending on the arrangement, provide additional safeguards.

What if you became seriously ill?

A Will doesn’t help while you are alive.

If you lost the ability to manage your finances through illness or an accident, who would pay the mortgage, deal with your bank or manage family finances?

A registered Property and Financial Affairs Lasting Power of Attorney can allow someone you have chosen to help.

A Health and Welfare LPA can also allow your chosen attorneys to make specified decisions if you lose the ability to make them yourself.

An LPA does not transfer parental responsibility for your children. That is a separate matter.

Worth checking at this stage:

Do both parents have suitable Wills?
Have guardians been considered?
Are arrangements for children’s inheritance appropriate?
Have both types of LPA been considered?
Are life assurance and pension beneficiary nominations up to date?

Stage 2: Becoming an Adult – Ages 18 to 25

You’re legally an adult. But are you prepared for the unexpected?

Your 18th birthday is an important legal milestone.

Your parents no longer have automatic authority to manage your finances or make decisions for you simply because they are your parents.

That can come as quite a surprise.

If you were seriously injured in an accident, who would deal with your bank, finances or other affairs?

There is no automatic right for a parent, partner or so-called next of kin to take over.

This is why Lasting Powers of Attorney are worth considering even at a young age.

You can make an LPA from age 18, provided you have the necessary mental capacity. The sensible time to make one is before it is needed.

Find out why Lasting Powers of Attorney matter.

Do young adults need Wills?

Not everyone does immediately. But consider making one if you own property, have savings, live with a partner or want particular people to inherit.

Without a valid Will, your estate will be distributed according to the intestacy rules. Those rules may not reflect your wishes.

And contrary to popular belief, living together doesn’t make someone your common-law husband or wife. There is no such legal status in England and Wales.

Worth checking at this stage:

Do you need a Will?
Would one or both types of LPA be sensible?
Who should receive your savings, insurance or pension benefits?
Are you buying property with someone else?
Do you need an agreement recording unequal property contributions?

Stage 3: Building Your Life – Ages 25 to 40

Relationships, property, children and careers. Plenty can change.

This is often when estate planning starts becoming more complicated.

You might buy a home, get married, have children, start a business or build significant savings and pension benefits.

Each brings different considerations.

Buying a home together

Do you understand the difference between owning property as joint tenants and tenants in common?

It matters.

With a joint tenancy, your interest normally passes automatically to the surviving joint owner when you die, regardless of what your Will says.

With a tenancy in common, your share can pass under your Will.

That difference may be crucial if you have children from an earlier relationship or want someone other than your partner to inherit your share.

Learn about severing a joint tenancy.

If you and your partner contributed different amounts towards the property, you may also need a Declaration of Trust.

Marriage can cancel your Will

Here’s something that catches people out.

Getting married or entering a civil partnership generally revokes an existing Will, unless it was made in contemplation of that particular marriage or partnership and satisfies the relevant conditions.

Divorce, on the other hand, doesn’t automatically cancel the entire Will, although it changes how certain provisions operate once the divorce is final.

Separation alone doesn’t have the same effect.

These are excellent reasons to review your arrangements promptly.

Starting a business

Business owners have additional responsibilities.

What would happen if you suddenly couldn’t manage the business?

Would anyone have authority to operate accounts, sign documents or deal with essential decisions?

A suitable Property and Financial Affairs LPA may help, but business arrangements, fellow directors, company rules and possible conflicts of interest must also be considered.

The business itself needs a continuity plan.

And what happens to your business interest when you die?

Worth checking at this stage:

Wills following marriage or changes in relationships.
Property ownership and beneficial shares.
Guardians and inheritance arrangements for children.
Life assurance and pension nominations.
Both types of LPA.
Business continuity and succession arrangements.

Stage 4: Protecting What You’ve Built – Ages 40 to 60

Your estate may now be worth considerably more than you think.

By this stage, the family home may have increased substantially in value. You might have investments, pensions, a business or an inheritance from your parents.

It’s also a time when family circumstances can become more complicated.

Perhaps you have remarried, your children are adults, or someone in the family needs extra support.

Is your Will still appropriate?

A Will made when your children were five and seven might not be the best arrangement when they are 25 and 27.

Are your executors still suitable? Are they still alive, willing and capable of dealing with the job?

Would someone else be a better choice today?

Second marriages and blended families

This is an area where problems can be serious.

You may want your surviving spouse or partner to be comfortable and secure, while making sure that your own children eventually inherit.

Unfortunately, simply leaving everything to your spouse and trusting that they will later leave it to your children may not achieve that.

The survivor can generally change their own Will. They may remarry, form another relationship or have different ideas about who should inherit.

A carefully drafted Property Protection Will Trust can sometimes provide a sensible balance.

But it must be understood properly. Trusts create responsibilities and can involve additional costs.

Read about the possible dangers of Mirror Wills.

Protecting vulnerable beneficiaries

Does a child or other beneficiary have difficulties managing money, receive means-tested benefits or need ongoing support?

Leaving a substantial inheritance outright might cause unexpected problems.

A properly structured trust may be helpful, although the right arrangement depends on individual circumstances.

What about Inheritance Tax?

Your estate may be larger than you realise once you include property, investments and other assets.

And pension planning deserves particular attention.

From 6 April 2027, most unused pension funds and pension death benefits will be brought within the scope of Inheritance Tax, subject to exceptions.

This could materially affect some families’ estate planning.

Worth checking at this stage:

Whether your Wills still reflect your family circumstances.
Whether your executors and trustees remain suitable.
Property Protection or other trusts, where genuinely appropriate.
Provision for vulnerable beneficiaries.
Inheritance Tax exposure, including pensions.
Whether your LPAs still appoint the right people.

Stage 5: Retirement and Later Life – Ages 60 and Beyond

The objective now is often to make life easier for everyone.

Retirement can provide an excellent opportunity to get your affairs properly organised.

You may have more time to consider what you want to achieve, and perhaps more experience of dealing with the difficulties that arise following a death.

A little preparation now can save your family considerable trouble later.

Have you made both Lasting Powers of Attorney?

If you haven’t, I would put this near the top of your list.

There are two different LPAs:

Property and Financial Affairs: Appoints trusted people to manage financial matters, such as bank accounts, bills and property, within the powers and conditions of the document. Once registered, it can be used with your permission while you still have capacity.

Health and Welfare: Allows your chosen attorneys to make certain health and personal welfare decisions when you lack capacity to make those decisions yourself.

Neither replaces the other.

If you lose mental capacity without having made an LPA, an application to the Court of Protection may be necessary. This can be more complicated, slower and more expensive than making suitable arrangements in advance.

Should you give away your home to avoid care fees?

Be extremely cautious.

There are firms and individuals who promote expensive trusts or property transfers as a way of protecting everything from care fees or Inheritance Tax.

Some arrangements have genuine uses. Others can create substantial problems.

Giving away property while continuing to live in it can have tax consequences, and local authorities may investigate transfers where avoiding care charges was a significant motivation.

No trust or gift should be recommended on the basis of guaranteed protection from care fees.

Have you told anyone where everything is?

Even a beautifully prepared Will can be of limited practical help if nobody knows where to find it.

Consider making a simple estate information record covering:

Where your original Will and LPAs are stored.
Who your executors and attorneys are.
Your banks, pensions, insurance and investments.
Property details and important contacts.
Digital accounts and how authorised people can obtain the necessary information.
Funeral wishes and any arrangements already made.

Keep sensitive information securely. You don’t need to put passwords in your Will.

You may also find my free funeral planner useful.

Worth checking at this stage:

Wills and any trusts.
Both types of LPA.
Inheritance Tax and pension arrangements.
Gifts and possible tax consequences.
Funeral wishes.
Secure document storage and an estate information record.
Whether your family knows whom to contact.

Special Circumstances That Deserve Immediate Attention

Some changes shouldn’t wait until your next routine review.

Separation or divorce

Review your Will, LPAs, property ownership and nominations as soon as possible. Don’t assume the legal changes will automatically produce the outcome you want.

A new marriage or civil partnership

Your existing Will may be revoked. Take advice before the ceremony if you want arrangements made in advance to remain effective.

A serious illness or concerning diagnosis

Review your documents while you can still make informed decisions. Special care may be needed where mental capacity could be questioned.

A death in the family

An inheritance, the death of an executor or the loss of a spouse can all fundamentally change your estate planning.

A child or beneficiary develops additional needs

An outright inheritance may no longer be appropriate. Properly structured provisions may offer a better outcome.

You receive a significant inheritance or sell a business

Your financial position may have changed substantially. This is a sensible time to review both your Wills and potential tax exposure.

Three Questions I Am Often Asked

How often should I review my Will?

I generally suggest every three years, or sooner following an important change.

That’s my practical recommendation, not a legal requirement.

A review doesn’t necessarily mean you need a new Will. Sometimes everything is perfectly satisfactory. Incidentaly, I don’t charge for reviewing straightforward Wills (most are) but codicils are dangerous and I will not do them I am afraid.

Do I really need a Lasting Power of Attorney if I’m fit and healthy?

Being fit and healthy is an excellent reason to make one now rather than risk leaving it until too late.

Accidents and unexpected illnesses do happen. LPAs are about being prepared, not assuming something dreadful is about to happen.

Will a trust protect my estate and save Inheritance Tax?

Sometimes a trust can provide useful protection, control or tax advantages.

But trusts also have disadvantages, and some create additional tax and administration costs.

Be suspicious of anyone who claims a trust will automatically protect everything, avoid care fees or eliminate Inheritance Tax.

The right question is not “Should I have a trust?” but “What problem would this particular trust solve?”

Your Next Step – A Simple Legal Planning Check

You don’t have to tackle everything at once.

Start by asking yourself:

Is my Will up to date, and does it still reflect what I want?
Have I chosen suitable people to act if I cannot manage my own affairs?
Do I understand what would happen to my property, pensions and other assets?
Have I made appropriate provision for the people who matter to me?
Could my family find the information and documents they would need?

If you’re uncertain about any of these, that’s a good reason to have a conversation.

Download your free Legal Planning Life Journey Checklist

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Let’s Have a Conversation

I’m Stephen Pett, The Professional Will Writer, based in Polegate, East Sussex.

I help people make sensible arrangements for their Wills, Lasting Powers of Attorney and wider estate planning, primarily around Polegate, Eastbourne, Hailsham, Seaford and the surrounding area.

I believe in proper advice, straightforward explanations and giving people enough information to make their own decisions.

That sometimes means recommending a more comprehensive arrangement. Just as importantly, it sometimes means telling someone that what they already have is perfectly adequate.

The aim isn’t to sell you more documents. It’s to help you avoid leaving unnecessary problems behind.

For a friendly, no-obligation conversation:

Telephone: 01323 766766

Email: steve@theprofessionalwillwriter.co.uk

Or send me an enquiry.

This article provides general estate planning information for England and Wales. Individual circumstances vary, and specialist advice may be needed on property, trusts, taxation or business arrangements.