Published on: 9th March 2026

Estate Planning Errors

Historically in England & Wales there is a real apathy towards Wills and estate planning in general with approximately 60% of the population not having put a Will in place, let alone any other valuable estate planning strategies.  Starting with the obvious, the following are just some of the biggest estate planning errors that people make;

Not Having a Valid Will

Many people in the UK die without a Will (known as dying intestate).  When this happens, the estate is distributed according to the rules of intestacy and not the personal wishes of the deceased.

Typical problems:

• Unmarried partners receive nothing automatically.
  
  
• Assets may go to unintended relatives.
  
  
• Guardianship of children may not follow your preference.
  
  

Not Updating a Will After Major Life Events

A Will should be reviewed after events such as:

• Marriage.
  
  
• Divorce.
  
  
• Birth of children.
  
  
• Buying property.
  
  
• Significant changes in wealth.

Under UK law, marriage normally revokes an existing Will unless it was written in contemplation of that marriage.

Ignoring Inheritance Tax (IHT) Planning

Many estates unexpectedly fall into the UK IHT regime.

Key thresholds;

• £325,000 Nil Rate Band
  
  
• Up to £175,000 Residence Nil Rate Band (if leaving a home to direct descendants)

Common mistakes;

• Not utilising spousal exemptions.
  
  
• Not making lifetime gifts early enough.
  
  
• Failing to consider trusts.

Not Creating Lasting Power of Attorney (LPA) Documents

People often plan for death but not incapacity.

An LPA allows someone to manage;

• Finances
  
  
• Health decisions

Without LPAs in place, an individual’s family may need to apply to the Court of Protection for deputyship, which is slow and expensive.

Failing to Consider Property Ownership Structure

Couples often misunderstand how they own property.

Two types;

• Joint tenants → property passes automatically to the other owner.
  
  
• Tenants in common → each share can be left in a Will or protected using trusts.

Not structuring this correctly can disrupt inheritance planning.

Forgetting About Pension and Insurance Nominations

Some assets do not pass under a Will, including;

• Pensions.
  
  
• Life insurance policies.
  
  
• Death-in-service benefits.

If nomination forms are outdated, the wrong beneficiary may receive them.

Poor Record-Keeping

Executors frequently struggle because people don’t leave clear records of;

• Bank accounts.
  
  
• Investments; Shares, ISAs, Bonds, etc.
  
  
• Crypto assets.
  
  
• Digital accounts.
  
  
• Debts.

This can significantly prolong the process of obtaining a grant of probate.

DIY Wills Written Incorrectly

Homemade Wills often fail due to;

• Improper witnessing.
  
  
• Ambiguous wording.
  
  
• Missing clauses

This can lead to disputes or the Will being challenged.

Not Planning for Care Costs

Long-term care can significantly reduce estates.

Failure to plan can affect;

• Inheritance for children.
• Protection of the family home.

rofessional advice is usually needed here.

hoosing Unsuitable Executors

Common issues;

• electing someone who is too old or infirm.
  
  
• Appointing someone who lives abroad.
  
  
• Choosing someone who may cause family conflict.
  
  
• Appointing someone who is disorganised.

Executors should be trusted, organised and, most importantly, willing to act!

If you would like to speak with one of our Consultants to discuss any of the issues raised in this article or any other Estate Planning topic please telephone 01732 868 190 or click here.

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