Estate Planning Checklist (England & Wales)

An Estate Planning Checklist in the United Kingdom directs how a person's estate is to be distributed after death and names the executors and beneficiaries who carry those wishes into effect, and is governed by the Wills Act 1837.

Estate planning in England and Wales is governed by a collection of intersecting statutes. The Wills Act 1837 — one of the oldest statutes still in regular use — sets out the formal requirements for a valid Will under s.9, including the requirement for the document to be in writing, signed by the Testator in the simultaneous presence of two witnesses, and attested by those witnesses in the Testator's presence. The Administration of Estates Act 1925 governs the distribution of estates on death, both under a valid Will and on intestacy. The Mental Capacity Act 2005 provides the framework for Lasting Powers of Attorney, enabling individuals to appoint trusted attorneys to manage their affairs in the event of mental incapacity. The Inheritance Tax Act 1984 imposes Inheritance Tax at 40% on estates exceeding the available nil-rate band thresholds, currently £325,000 (nil-rate band) and £175,000 (residence nil-rate band). The Inheritance (Provision for Family and Dependants) Act 1975 allows eligible dependants to apply to court for reasonable financial provision from an estate where they have not been adequately provided for. The Trustee Act 2000 regulates the powers and duties of trustees, including those appointed under a Will or lifetime trust deed. The Civil Partnership Act 2004 extends the same succession rights to civil partners as apply to married couples.

A well-structured estate planning checklist brings all of these strands together into a single reference document. It prompts the individual to record details of their assets (property, investments, pensions, insurance, business interests, and digital assets), liabilities (mortgages, loans, and other debts), existing planning documents (Will, LPAs, and trusts), beneficiary nominations, IHT planning measures, funeral wishes, and professional contacts. By completing and regularly updating this document, individuals gain a clear picture of their estate planning position and can confirm that no critical element — such as an unregistered LPA or an outdated pension nomination — falls through the gaps.

The legal framework governing the Estate Planning Checklist (England & Wales) in United Kingdom draws on several key statutes and regulatory bodies. Under the Wills Act 1837, Section 9 sets formal requirements for valid wills in England and Wales. The Administration of Estates Act 1925 governs intestate succession. The Inheritance (Provision for Family and Dependants) Act 1975 allows dependants to contest estates. The Probate Registry processes applications for grants of probate. HM Revenue and Customs (HMRC) administers inheritance tax under the Inheritance Tax Act 1984. Parties executing a Estate Planning Checklist (England & Wales) in United Kingdom should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Wills Act 1837 sets the foundational requirements.

An estate planning checklist is needed by any adult in England and Wales who owns assets, has dependants, or wishes to exercise control over what happens to their estate and their personal welfare in the event of death or mental incapacity. In practice, this means the checklist is relevant to almost every working adult, and many people benefit from completing one for the first time in their 30s or 40s when they acquire property, have children, or accumulate significant pension and investment savings.

There are a number of specific circumstances that make completing an estate planning checklist particularly urgent. First, if you have never made a Will, you die intestate and your estate passes under the Administration of Estates Act 1925 intestacy rules, which may fail to provide for an unmarried partner, may pass assets in proportions you would not choose, and cannot make provision for IHT planning. Second, if your existing Will is more than three years old, it may no longer reflect your current wishes, family circumstances, or financial position, particularly if you have married, divorced, had children, acquired property, or experienced a significant change in wealth since the Will was made. Under s.18 of the Wills Act 1837, marriage automatically revokes an existing Will. Third, if you do not have registered Lasting Powers of Attorney for both health and financial affairs, you face the risk that your family will need to apply to the Court of Protection for a deputyship order — a process that is significantly more expensive, time-consuming, and restrictive than the LPA route under the Mental Capacity Act 2005.

Fourth, if your estate is likely to be subject to Inheritance Tax — broadly, if your net estate (including property, investments, and non-exempt assets) exceeds £325,000, or £500,000 if the residence nil-rate band applies — a structured review of IHT planning measures is essential to minimise unnecessary tax. Fifth, if you have significant pension savings, reviewing and updating your pension nominations (Expressions of Wishes) is critical, as pension funds generally fall outside your estate and cannot be directed by your Will. Sixth, if you have minor children, you should confirm your Will includes an appointment of testamentary guardians under s.5 of the Children Act 1989. Finally, the checklist should be reviewed and updated at least every two to three years, and immediately following any major life event such as marriage, civil partnership, divorce, separation, birth or adoption of a child, acquisition or disposal of property, a significant change in financial circumstances, the death of a named Executor or beneficiary, or the receipt of a significant inheritance or gift.

A thorough Estate Planning Checklist for England and Wales covers fourteen key areas of estate planning. The first is personal details — recording full name, date of birth, National Insurance number, address, and contact information, which your Executor and professional advisers will need at the outset of estate administration and when submitting Inheritance Tax accounts to HMRC under s.216 of the Inheritance Tax Act 1984.

The second area is marital and family circumstances — recording your marital or civil partnership status, your spouse or partner's details, the names and dates of birth of all children (including adult children who may have claims under the Inheritance (Provision for Family and Dependants) Act 1975), and details of other financial dependants. The third area is property and real estate — listing all real property interests with estimated values, ownership structures (sole owner, joint tenants, or tenants in common), and outstanding mortgage balances. Property owned as joint tenants passes by right of survivorship outside the Will, while tenants-in-common shares pass under the Will or intestacy. The fourth area is financial assets — recording bank accounts, ISAs, investments, pension arrangements, and life insurance policies. Pension funds are generally outside the estate for IHT purposes, while life insurance written in trust also falls outside the estate.

The fifth area is personal property and business interests — noting valuable items, business shareholdings or partnership interests that may qualify for Business Property Relief under ss.103–114 of the Inheritance Tax Act 1984, agricultural property eligible for Agricultural Property Relief under ss.115–124 IHTA 1984, and digital assets including cryptocurrency. The sixth area covers liabilities, which are deductible for IHT purposes under s.5 of the IHTA 1984. The seventh area records existing estate planning documents — the date and location of any current Will, registered LPA references from the Office of the Public Guardian, and details of any trust arrangements under the Trustee Act 2000.

The eighth area covers beneficiary designations — primary and alternate beneficiaries under the Will, pension nomination status, and life insurance trust nominations. The ninth area focuses on Inheritance Tax planning — estimated gross and net estate values, and a detailed review of IHT planning measures in place, from annual gift exemptions and normal expenditure out of income through to Business Property Relief and the 10% charitable legacy that reduces the IHT rate to 36% under Schedule 1A of the IHTA 1984. The tenth area is a structured actions checklist rating completion of all critical estate planning tasks. The eleventh area captures funeral wishes — preferred type of funeral and organ donation preferences under the Organ Donation (Deemed Consent) Act 2019. The twelfth and final area records professional contacts — solicitor, accountant, financial adviser, and key financial institutions — so that your Executor can quickly identify and contact the right people at the time of need.

Additional compliance elements for a Estate Planning Checklist (England & Wales) used in United Kingdom include: Under the Wills Act 1837, Section 9 sets formal requirements for valid wills in England and Wales. The Administration of Estates Act 1925 governs intestate succession. The Inheritance (Provision for Family and Dependants) Act 1975 allows dependants to contest estates. The Probate Registry processes applications for grants of probate. HM Revenue and Customs (HMRC) administers inheritance tax under the Inheritance Tax Act 1984. Forms-legal.com provides this template as a starting point for United Kingdom-compliant documentation.