UK Wills + Estate Planning Checklist (2026/27)
UK wills + estate planning checklist 2026/27: making a valid will, LPAs (£92 each), IHT nil-rate bands, pension nominations, trusts and gift records.
Overview
Comprehensive UK wills + estate planning checklist for 2026/27: 12-item action list including making a valid will, Lasting Power of Attorney (£92 per LPA to register), Inheritance Tax planning (NRB £325,000 + RNRB £175,000, transferable between spouses for up to £1,000,000), pension nominations (April 2027 IHT reform), life insurance written in trust, lifetime gift tracking, trust considerations + annual review cadence. Will, intestacy and witnessing rules below are for England and Wales; Scotland and Northern Ireland differ.
12-Item Estate Planning Checklist
| Item | Cost | Why it matters |
|---|---|---|
| Make a valid will | Solicitor fees vary - get quotes. Will Aid (November): participating solicitors waive the fee for a basic will and suggest a £120 donation (£200 for mirror wills) | Without a will, intestacy rules apply. In England and Wales unmarried partners and unadopted stepchildren inherit nothing, and a spouse with children takes a £322,000 statutory legacy plus half the rest - which may not match your wishes |
| Property + Finance LPA | £92 OPG registration fee | Attorneys can manage bank accounts, investments, property sale, bills, tax. Without an LPA, family may have to apply to the Court of Protection to become a deputy: £432 application fee, plus £100 deputy assessment fee and annual supervision fees (gov.uk/become-deputy/fees) |
| Health + Welfare LPA | £92 OPG registration fee | Attorneys make medical + care decisions when you lack capacity. Includes life-sustaining treatment decisions if you wish |
| Pension nomination updates | Free - form per pension scheme | Pension death benefits are usually paid at the scheme's discretion guided by your nomination, NOT your will. Update on every life event (marriage, divorce, new child, partner change) |
| Life insurance written in trust | Ask your insurer - premiums separate | A policy written in trust pays the trustees directly, so the payout normally sits outside your estate for IHT and does not wait for probate |
| IHT planning review | Free DIY assessment / adviser fees vary | NRB £325,000 + RNRB £175,000 = up to £500,000 single / £1,000,000 couple (RNRB only for a home left to direct descendants, and tapered away above a £2,000,000 estate). Excess taxed at 40% |
| Lifetime gifts register | Spreadsheet - free | Track £3,000 annual exemption use, £250 small gifts, regular gifts from surplus income, and larger gifts for the 7-year rule |
| Trust considerations | Legal fees vary - get quotes | Discretionary trust for children's inheritance protection / generation-skipping / vulnerable beneficiary planning |
| Funeral wishes + digital legacy | Free - written list | Reduces family stress + ensures wishes followed. Digital legacy: passwords vault for accounts + online presence |
| Joint vs sole ownership review | Conveyancing fee if changing | Joint tenants pass by survivorship outside will. Tenants in common pass per will. Choose deliberately for IHT + family planning |
| Executor selection + appointment | Included in will cost | Name at least one, often two, executors - trusted family members and/or a professional. Professional executors charge fees from the estate, so ask for their charging basis in writing |
| Annual review of plan | Free - DIY check | Life events change everything: marriage, divorce, birth, death, property purchase, business sale. Review annually |
Related guides
- UK Lasting Power of Attorney 2026/27 - LPA detail.
- UK Intestacy Rules 2026/27 - no-will consequences.
- UK Inheritance Tax Rules - NRB + RNRB mechanics.
- UK IHT on Pensions April 2027 - upcoming reform.
- Pension IHT calculator (April 2027) - quantify the bill on your DC pot.
- BPR / APR £2.5m allowance calculator - business + farm IHT relief modelling.
- UK Probate + IHT400 2026/27 - executor process.
Frequently asked questions
DIY will vs solicitor-drafted will?
DIY template: can work for simple estates - one spouse, children, modest assets, no complex bequests, no business interests, no IHT concerns. Risks: invalid signing (in England and Wales, section 9 Wills Act 1837 requires you to sign or acknowledge the will in the presence of 2 witnesses present at the same time, and gov.uk says both must be over 18), ambiguous wording, missing executor appointment, not updated for life changes. Solicitor-drafted: full review, proper execution + storage, advice on IHT + trusts; fees vary, so get quotes. Worth it for estates near or above the IHT threshold, business owners, blended families, cohabiting partners, beneficiaries with special needs, and assets in more than one country. Will Aid runs every November: participating solicitors waive the fee for a basic will and suggest a donation of £120 (£200 for a pair of mirror wills).
What's the IHT-free amount in 2026/27?
Nil Rate Band (NRB): £325,000, unchanged since April 2009 and fixed until April 2031 (Budget 2025 extended the freeze from April 2030). Residence Nil Rate Band (RNRB): £175,000 extra if your home passes to direct descendants (children, grandchildren), tapered away for estates above £2,000,000. Married couples and civil partners can pass unused NRB + RNRB to the survivor, so up to £1,000,000 can be IHT-free. Above the threshold: 40% IHT, or 36% on some assets if 10% or more of the net estate goes to charity. Gifts within 7 years of death: taxed at 40% if made within 3 years, then taper relief cuts the rate to 32%, 24%, 16% and 8% for gifts made 3-4, 4-5, 5-6 and 6-7 years before death - taper only applies where gifts in the 7 years exceed the £325,000 threshold. Gifts made 7+ years before death owe no IHT on death. That includes gifts into a trust, but most gifts into trust are taxed when made, at 20% on the amount above the nil-rate band still available (half the death rate, IHTA 1984 s.7(2)), and the trust can face its own 10-year and exit charges (GOV.UK Trusts and Inheritance Tax).
What about pension on death?
Major IHT planning lever. For deaths before 6 April 2027, most pension pots sit OUTSIDE the estate for IHT. Income Tax on death benefits: if the member died under 75, beneficiaries usually pay none (lump sums above the lump sum and death benefit allowance, or paid more than 2 years after the scheme is told of the death, are taxable); if 75 or over, beneficiaries pay Income Tax at their marginal rate. Finance Act 2026 (sections 66-71) brings most unused pension funds and death benefits into the IHT estate for deaths on or after 6 April 2027; death-in-service benefits are excluded and the spouse and charity exemptions still apply. Pension NOMINATIONS matter - schemes pay death benefits guided by your nomination, NOT your will. See our April 2027 deep-dive.
When do I need a trust?
Trusts can help when: (a) Minor children: a bare trust holds assets until the child turns 18, when they become entitled outright; if you want them to wait longer, a different kind of trust is needed. (b) Vulnerable beneficiary: trusts for disabled beneficiaries can help preserve means-tested benefits. (c) Generation-skipping: discretionary trust for grandchildren - assets kept out of children's estates. (d) Spousal protection: an Immediate Post-Death Interest (IPDI) trust gives a spouse income while protecting capital for later beneficiaries. (e) Business assets: family trust holding business interests. Discretionary trusts carry set-up and ongoing legal and accounting costs, and can face IHT charges every 10 years and when assets leave the trust. Take advice before setting one up.
How much can I gift annually?
(a) £3,000 annual exemption per tax year; unused exemption carries forward 1 year only. (b) £250 small gifts per person, to as many people as you like, but not to someone who also gets another allowance from you. (c) Wedding or civil partnership gifts: £5,000 to a child, £2,500 to a grandchild or great-grandchild, £1,000 to anyone else. (d) Regular gifts from surplus income (section 21 IHTA 1984): exempt without a cap if they are part of your normal expenditure, made from income rather than capital, and leave you able to keep your usual standard of living. (e) Gifts to qualifying charities: exempt. Other gifts are potentially exempt transfers: IHT-free if you survive 7 years, with taper relief on the tax for gifts made 3-7 years before death. Keep a record of every gift.
What if I die without a will?
In England and Wales intestacy rules apply (section 46 Administration of Estates Act 1925); Scotland and Northern Ireland have their own rules. In England and Wales: a spouse or civil partner with children gets personal possessions, a £322,000 statutory legacy and half the rest; the children share the other half. With no children, the spouse takes everything. No spouse: children, then parents, then siblings and more distant relatives, then the Crown. Unmarried partners: NOTHING. Unadopted stepchildren: NOTHING. See our intestacy guide.
What about digital assets?
Increasingly important: digital legacy includes social media accounts, email, photos, cryptocurrencies, online business assets, password vaults, online subscriptions. Best practice: (a) Keep a password manager and leave your executor a secure way to reach it - not written into the will itself, which becomes public after probate. (b) Document key digital assets - crypto wallets, intellectual property, online income streams. (c) Set up legacy contacts where services offer them (Apple, Google and Facebook do). (d) Cryptocurrencies require specific care - seed phrases, hardware wallet recovery. Lost keys can mean permanent loss. (e) Ask whether your will needs specific provisions for digital assets.
How often should I review my plan?
Annually + after life events. Triggers requiring immediate review: (a) Marriage - in England and Wales getting married cancels any earlier will; divorce or separation also needs a review. (b) Birth of child / grandchild. (c) Death of named beneficiary or executor. (d) Major asset acquisition / disposal (house, business, inheritance received). (e) Change in family circumstances (estrangement, marriage of beneficiary). (f) IHT threshold changes or significant change in net wealth. (g) Move abroad / return from abroad. Annual non-trigger review: check your will, LPAs, pension nominations and life insurance trust beneficiaries.