Families can approach estate planning more effectively by working through six fundamental questions, according to Alan Gardiner, CEO of Honey Legal, a firm that specialises in estate planning.
Gardiner shared the guidance in response to the 2026 Private Client Industry Report, published by LEAP Estates. The report analyses anonymised data from LEAP’s estate planning platform, encompassing 242,895 wills, 176,277 Lasting Powers of Attorney and 87,833 wills that include trusts. It represents one of the most comprehensive studies of estate planning activity across England and Wales produced to date.
A key theme running through the report is that estate planning decisions are no longer concentrated in later life. Increased life expectancy, changing family compositions and evolving regulations mean people are thinking about these issues earlier and in more depth.
The use of trusts within wills has grown, with 36.2% of wills written in 2025 containing at least one trust. The report ties this partly to greater longevity, and to a broader interest in structured asset management and controlled wealth transfer over time.
Projections from the National Institute for Health and Care Excellence support the case for early planning. The organisation forecasts that UK dementia cases may reach 1.6 million by 2040, highlighting the need to plan for incapacity as well as death.
The report also captures a rise in blended families and an increase in exclusions from wills, reflecting the more complex and sometimes sensitive nature of modern estate planning. Regulatory developments are adding further procedural requirements for those working in the sector.
Gardiner draws a broader conclusion from the findings. He believes that estate planning works best when it is approached as a conversation about people and their needs, rather than a compliance exercise. He sees personalised, face-to-face guidance as the most effective way to help families address the issues they might otherwise avoid.
“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.
