5 Common Estate Planning Mistakes UK — And How to Avoid Them

christy800
Jul 16
4 min read

Introduction: Estate Planning Isn’t Just for the Wealthy

Whether you’re a homeowner, a parent, or simply someone who wants to ensure your loved ones are cared for, estate planning is essential. Yet, many people in the UK either delay it or make costly errors that can leave their families exposed to unnecessary legal complications, taxes, or disputes.

At LCS Legal, we’ve helped thousands of clients put robust plans in place—and we’ve seen the pitfalls that catch many people out.

In this blog, we’ll highlight five of the most common estate planning mistakes in the UK, and show you how to avoid them with professional, personalised advice.

Lawyer advising family on common estate planning mistakes UK clients often make

1. Not Having a Will at All Estate Planning Mistakes UK

This is, by far, the biggest mistake. Many people assume they’re “too young” or don’t have “enough assets” to justify a will. The reality?

If you die without a will (intestate):

The government decides who inherits your estate
Unmarried partners receive nothing
Children from previous relationships may be excluded
Your family may face delays, disputes, and court fees

Solution: Get a professionally written will that clearly outlines:

Who inherits what
Who your executors are
Guardians for minor children
Funeral and personal wishes

Read our Complete Guide to Writing a Will in the UK

2. Failing to Plan for Inheritance Tax (IHT)

In the UK, your estate may be subject to inheritance tax if it exceeds the current threshold of £325,000 (or more with allowances). Without planning, a significant portion of your estate could be lost to tax—money that could have gone to your loved ones.

Solution: Work with an estate planning solicitor to:

Make use of the nil-rate band and residence nil-rate band
Use trusts or gifts to pass assets tax-efficiently
Update your will and estate plan as tax rules evolve

At LCS Legal, we create inheritance tax strategies tailored to your estate size, family needs, and long-term goals.

3. Not Including a Lasting Power of Attorney (LPA)

Estate planning isn’t only about what happens after death—it’s also about protecting your affairs while you’re still alive but unable to manage them (e.g. due to illness or an accident).

Without an LPA, no one—not even your spouse—has the legal authority to make financial or medical decisions on your behalf.

Solution: Set up two types of LPA:

Health & Welfare – to cover medical care, living arrangements, etc.
Property & Financial – for bank accounts, bills, and assets

Learn Why Every UK Adult Should Set Up a Lasting Power of Attorney

4. Forgetting to Update Your Will or Estate Plan

Life changes—marriage, divorce, children, moving house, starting a business. Yet many people never update their will or estate plan to reflect these changes.

Outdated documents can:

Leave out new family members
Include ex-partners
Appoint executors who have since passed away
Cause delays or disputes during probate

Solution: Review your estate planning documents every 3–5 years, or after any major life event. At LCS Legal, we offer will reviews and estate check-ins to ensure your plan always reflects your current wishes.

5. Relying on DIY or Online Templates

We get it—DIY wills and free online estate forms seem cheap and easy. But these generic documents often:

Miss crucial legal language
Are not compliant with UK law
Contain errors that invalidate the will
Lack provisions for complex families or estates

Solution: Work with a qualified estate planning solicitor. With LCS Legal, you get:

Expert legal advice
Tailored documents that reflect your unique situation
Fixed-fee packages with no hidden charges
Peace of mind that everything is valid and enforceable

Read Why DIY Wills Can Cost You More in the Long Run

How LCS Legal Helps You Avoid These Mistakes

At LCS Legal, we don’t just draft documents—we help you build a strategy that protects your legacy, your assets, and your loved ones.

Here’s what makes us different:

Specialist estate planning solicitors
Fixed-fee pricing with no hourly rates
Free home or virtual consultations
Combined services: Wills, LPAs, Probate, and Trusts
Secure document storage

We take the time to understand your goals and create a plan that works—for today and tomorrow.

Frequently Asked Questions

Q: Can I set up an estate plan without owning property? Yes! Estate planning is about more than just property. It includes who handles your affairs, who inherits your belongings, and who makes medical decisions if you can’t.

Q: I already have a will. Do I still need an estate plan? A will is just one part. A full estate plan includes LPAs, tax planning, trust setup, and regular updates.

Q: How much does estate planning cost in the UK? With LCS Legal, our fixed-fee estate planning packages are affordable and transparent. Contact us for a tailored quote.