When to Start Estate Planning - Key Life Stages to Consider

It's worth considering estate planning once you have property, savings, dependants or wishes about how your affairs should be handled. You don't need to be wealthy or approaching retirement. Once you're an adult, you can begin deciding who should inherit your belongings and who could make decisions for you if you were unable to manage them yourself.

Knowing when to start estate planning is less about reaching a particular age and more about recognising when your circumstances call for it. Buying your first home, moving in with a partner or starting a family are all good reasons to begin.

Is there a right age to start estate planning?

There's no single age when everyone should have an estate plan. Some people need arrangements in their twenties, while others may not consider them until their circumstances change. In England and Wales, you can generally make a legally valid will from age 18, provided you meet the legal requirements. You can also make a lasting power of attorney (LPA) from 18, as long as you have the necessary mental capacity.

That doesn't mean turning 18 automatically calls for an elaborate estate plan.If you're renting, have few assets, and nobody depends on you financially, your needs may be relatively straightforward. However, having a partner, property, or financial responsibilities can introduce decisions worth making before retirement.

Seven life events that should prompt you to start estate planning

Changes in your personal or financial circumstances can affect who inherits your estate and whether your existing arrangements still reflect your wishes.

Here are seven occasions when reviewing your position makes sense.

1. When you buy your first home

Buying a property is often the first time you own something of substantial value.

If you die without a will, what happens to your property depends partly on how it's owned and who your surviving relatives are.

If you own a home with someone else, there's an important distinction between joint tenants and tenants in common.

• Joint tenants: Your interest normally passes to the surviving joint owner or owners through the right of survivorship, rather than under your will.
• Tenants in common: Each owner has a distinct beneficial share that can generally pass under their will or, without one, according to intestacy rules.

The government's guidance on joint property ownership explains how these arrangements affect inheritance.

Checking your ownership arrangements helps establish whether your share can pass through your will and whether changes may be appropriate.

2. When you get married or enter a civil partnership

Marriage or civil partnership changes your legal position, including your inheritance rights.

In England and Wales, marriage or civil partnership will generally revoke an existing will. An exception can apply where the will was made in contemplation of that particular marriage or civil partnership.

If you already have a will, don't assume it will remain valid afterwards.

Reviewing your arrangements before the ceremony allows you to check how your intended beneficiaries may be affected and whether a new will is appropriate.

3. When you move in with your partner

Living together doesn't automatically provide the same inheritance rights as marriage.

There's no legally recognised common-law marriage in England and Wales, regardless of how long you've lived together.

If you die without a will, an unmarried partner has no automatic entitlement under the intestacy rules. Other legal rights or potential claims may exist, depending on individual circumstances.

Making a will allows you to specify how you want your estate distributed, including any provision for your partner. This is particularly relevant if you own property together or have children from a previous relationship.

4. When you have children

When you have children, your will can address more than who inherits your belongings.

You can name a testamentary guardian to care for your child if the legal conditions for the appointment to take effect are met. However, this doesn't automatically override the parental responsibility of a surviving parent or another person who already has it.

You can also consider how an inheritance should be managed while your children are young.

If you have children from a previous relationship, professional advice can help clarify how your arrangements interact with existing parental responsibilities and inheritance rights.

5. When you start a business or receive an inheritance

Your estate may become more complicated when you acquire business interests, investments or inherited property.

You may need to consider:

• Who should inherit your business interests.
• Who could manage your financial affairs if you lost mental capacity.
• How jointly owned or inherited assets should be treated.
• Whether inheritance tax could affect your estate.

These questions don't automatically mean you need complicated legal arrangements.

A trust may be relevant where assets need to be managed for particular beneficiaries. Our guidance on trusts and estate management can help you explore this option.

However, trusts involve legal responsibilities and may have tax and administrative implications. Their suitability should be assessed individually.

6. When you separate, divorce or remarry

A will written during a previous relationship may no longer reflect who you want to inherit your estate.

Divorce or dissolution of a civil partnership doesn't automatically revoke the entire will. Once legally finalised, certain gifts and appointments involving a former spouse or civil partner are generally treated as though that person had died before you, unless the will indicates a different intention.

Separation alone doesn't have the same effect.

If your relationship changes, consider reviewing your will, property ownership and beneficiary nominations to identify anything requiring attention.

7. When you approach retirement

Approaching retirement can be a useful time to review your will, pension nominations and financial arrangements.

Alternative text: Older couple reviewing financial documents together at home.

You may have accumulated property, savings or investments that weren't part of your earlier plans. It's also worth checking whether your chosen executors and attorneys remain appropriate.

Pension benefits may pass according to scheme rules and beneficiary nominations rather than your will.

From 6 April 2027, most unused pension funds and pension death benefits will be included when assessing an estate for inheritance tax, subject to specified exclusions. HMRC's technical guidance on inheritance tax and pensions explains the changes.

This doesn't mean every inherited pension will attract inheritance tax. Liability depends on the estate's circumstances and applicable exemptions and allowances.

If you have substantial pension savings, reviewing your nominations and seeking appropriate tax advice may be worthwhile.

Why is starting estate planning early important?

Planning gives you time to choose trusted people and discuss responsibilities with them.

A lasting power of attorney is particularly relevant because it must be created while you have the necessary mental capacity.

There are two types:

• Property and financial affairs LPA: Allows attorneys to manage financial matters under the document's terms. Once registered, it can be used with your permission while you have capacity, if permitted, or when you lack capacity for the relevant decision.
• Health and welfare LPA: Allows attorneys to make certain care and welfare decisions only when you lack capacity to make those particular decisions.

Under GOV.UK's lasting power of attorney guidance, you must be at least 18 and have mental capacity when making an LPA.

If you lose the necessary capacity beforehand, your family cannot simply create one for you. An application to the Court of Protection may instead be required.

LPAs must be registered before use, and registration takes time.

Our lasting power of attorney services can help you understand the available arrangements and consider whom to appoint.

How to start estate planning without feeling overwhelmed

Begin by checking what you own, who depends on you and whether your existing documents remain appropriate.

A practical approach is to:

1. List your assets and debts. Include property, savings, investments and outstanding liabilities.
2. Identify your beneficiaries. Consider your partner, children, relatives and others you wish to provide for.
3. Choose trusted people. Think about suitable executors, guardians or attorneys.
4. Review existing documents. Check wills, beneficiary nominations, property ownership and LPAs.
5. Seek appropriate advice. Discuss anything unclear, particularly where family or financial arrangements are complicated.

If making a will forms part of your plan, Maplebrook Wills' published process includes preparing a draft for you to review before signing arrangements are made. This provides an opportunity to check that the document reflects your intentions.

You don't have to make every decision at once. Your arrangements can be reviewed as circumstances change.

How often should you review your estate plan?

Your estate plan should reflect your current circumstances, not simply those when you first created it.

GOV.UK recommends reviewing your will every five years and following significant events, such as marriage, divorce, having children or moving house.

Other reasons to review include:

• Significant financial changes.
• The death of a beneficiary or executor.
• Changes in family responsibilities.
• An appointed attorney becoming unable or unwilling to act.

Updating a signed will requires a valid codicil or new will. Handwritten alterations alone may not have the intended legal effect.

Regular reviews help you identify whether your existing arrangements still reflect your wishes.

Start planning for the people who matter to you

Perhaps you've recently bought a home, started a family or realised your existing arrangements no longer reflect your wishes. Whatever has prompted you to consider estate planning, you don't need every detail worked out before seeking guidance.

At Maplebrook Wills, we can explain the services we offer and discuss which may be relevant to your circumstances. Whether you're making your first will or reviewing an existing estate plan, understanding your options is a useful starting point.

If you're unsure where to begin, you can get in touch with our team to discuss your circumstances and consider which estate planning arrangements may be appropriate for you.



This article provides general information about estate planning in England and Wales. It does not constitute personalised legal, tax or financial advice. The suitability and legal effect of wills, trusts, LPAs and inheritance tax arrangements depend on individual circumstances. Seek advice from an appropriately qualified professional before making significant decisions.