Families navigating estate planning can make more informed decisions by concentrating on six key questions, according to a leading industry specialist.
Alan Gardiner, Chief Executive of specialist estate planning firm Honey Legal, shared the guidance following the release of the 2026 Private Client Industry Report from LEAP Estates.
The report draws on aggregated and anonymised data taken from LEAP’s estate planning platform, examining 242,895 wills, 176,277 Lasting Powers of Attorney and 87,833 wills that include trusts. The findings provide one of the most detailed overviews available of estate planning activity and trends across England and Wales.
Among the most notable observations is the shift away from viewing estate planning solely as a later-life task. Increasing life expectancy, more complex family relationships and changing regulatory frameworks are all influencing how and when individuals begin planning for the future.
The analysis also identifies a significant increase in the use of trusts within wills, a trend partly driven by longer lifespans. In 2025, more than a third of wills — 36.2% — included at least one trust, indicating growing interest in long-term asset protection, flexible wealth management and structured inheritance planning.
Health forecasts add further context to this shift. The National Institute for Health and Care Excellence estimates that dementia cases in the UK could rise to 1.6 million by 2040 as the population ages, highlighting the importance of planning not only for death but also for the possibility of losing decision-making capacity.
The data also reflects evolving family dynamics. Blended families are becoming more common, while exclusions within wills appear to be increasing, suggesting more complex and sometimes sensitive family considerations. At the same time, regulatory changes are prompting adjustments in procedures and compliance practices throughout the sector.
For Alan Gardiner, these findings reinforce the importance of focusing on people rather than paperwork when planning an estate. He believes that once families begin asking the right questions, they are far better placed to make informed choices. Personalised guidance, particularly through face-to-face discussions, remains essential in helping families overcome uncertainty and address difficult topics.
“It starts with sitting down and understanding your own circumstances,” he said. “I encourage people to ask: What do I own? Who do I want to protect? What risks could affect my family if I were no longer here or unable to make decisions? Until those questions are properly explored, no document can truly be right.
“It’s vital to consider the implications of inaction. Conversations about wills and later-life planning can feel uncomfortable, but clarity comes from asking six simple yet powerful questions.”
Here, Mr Gardiner outlines those six questions, and explains why they matter.
1. What are my personal circumstances?
“A plan that works perfectly for one person may be entirely unsuitable for another.
“Start by taking an honest look at your life as it stands today. Consider your age, whether you are married or cohabiting, and whether you have children, particularly from previous relationships. The value and nature of your assets matter too, as does your health.
“Estate planning should reflect not only what you currently own, such as property, pensions and savings, but also future possibilities. Remarriage, blended families and potential care needs can all significantly affect how a plan should be structured.
“Every family is different. Your estate plan must reflect the people who rely on you and the realities of your situation.”
2. What legal documents do I actually need?
“Begin by asking whether a simple Will is truly sufficient for your circumstances.
“For some people, it will be. For others, it may fall well short of providing the protection required. A Lasting Power of Attorney may be essential to ensure someone can manage your financial or health decisions if you lose mental capacity. Trust arrangements might also be appropriate, particularly where there are blended families, vulnerable beneficiaries or long-term asset protection concerns.
“The key is clarity. Estate planning should be driven by your specific needs and objectives, not by trends, assumptions or what others happen to be doing. The right combination of documents depends entirely on your personal and family circumstances.”
3. Why do I need those protections?
“Understanding the purpose behind each document is just as important as putting it in place.
“Never sign something simply because you feel you “should”. Instead, take the time to understand what each document does and the problem it is designed to solve.
“A valid Will ensures your estate is distributed according to your wishes rather than under statutory intestacy rules, which may not reflect modern family life. A Lasting Power of Attorney can prevent significant delay, costs and distress for loved ones if mental capacity is lost.
“When people understand the “why” behind the paperwork, decision-making becomes far more confident. Clarity replaces confusion and overwhelm gives way to control.”
4. What could happen if I do nothing?
“It is equally important to consider the consequences of inaction.
“Without a valid Will, your estate will be distributed according to strict legal rules, regardless of your personal preferences. An unmarried partner could receive nothing. Children from previous relationships may be treated differently than intended. The outcome may bear little resemblance to what you would have chosen.
“Without appropriate authority in place, such as a Lasting Power of Attorney, families can face lengthy, costly and stressful legal processes simply to access bank accounts, pay bills or manage property on your behalf.
“If you fail to plan, the law will decide for you. Taking action now is one of the most practical and thoughtful steps you can take to protect the people who matter most.”
5. Am I getting the right advice?
“This may be the most critical question of all.
“An increasing number of people are turning to AI tools and online templates for estate planning. While these resources can offer a useful starting point, they are no substitute for specialist advice.
“Clients should ask themselves whether they can truly be confident they have covered every angle without expert guidance. Online templates cannot probe deeply into personal circumstances, anticipate complex family dynamics or fully explain the long-term implications of each decision.
“Estate planning is rarely straightforward. It requires time, care and technical expertise. Personalised, face-to-face advice, delivered clearly and without jargon or pressure, allows individuals and families to explore their options properly, ask difficult questions and receive guidance tailored to their specific situation.”
6. Can I see a clear roadmap to creating a plan that works for my family?
“Finally, look for a clear and structured process.
“Like any significant journey, estate planning becomes far less daunting when both the destination and the steps required to reach it are clearly mapped out. The process should begin with a detailed conversation, where an experienced adviser listens carefully and provides considered guidance.
“That discussion should form the foundation of a tailored draft, prepared and refined with appropriate legal expertise. Only once you are fully comfortable with the arrangements should the final documents be prepared for signature.
“When everything is in place, you gain more than paperwork. You gain reassurance, knowing you have taken thoughtful, deliberate steps to protect your family and safeguard what matters most.”
