Wills & Family
Who should I choose as executor if I don’t trust my family?
Not everyone has a relative they would trust to handle their estate. Here is how to think about other options, from friends to professional executors.
Estate planning in a nutshell
Your “estate” is everything you own, such as your home, savings, investments, possessions and some pension or insurance benefits, minus your debts. Estate planning is about deciding what should happen to it, and who should make decisions if you cannot.
It is not only for wealthy people. Anyone with family, a home or savings can benefit from thinking ahead. A plan can be simple or detailed, depending on your circumstances.
What estate planning can include
A Will
A Will sets out who inherits your estate and who deals with it (your executors). It can also name guardians for young children. Without a valid Will, the intestacy rules decide who inherits, which may not match your wishes.
Lasting Powers of Attorney
An LPA lets people you trust make decisions for you if you lose mental capacity. There are two types: property and financial affairs, and health and welfare. Our guide to Lasting Powers of Attorney explains more.
Property ownership
How you own your home can affect who inherits it. Joint owners can hold property as joint tenants or as tenants in common, which work differently on death. Read about how property ownership affects inheritance.
Inheritance Tax
Some estates pay Inheritance Tax. Understanding thresholds, exemptions and the gift rules can help you see where you stand. See our Inheritance Tax overview.
Pensions and life insurance
Many pensions pay out according to a nomination or “expression of wishes” form held by the scheme, not your Will. Keeping these up to date is part of planning. Under rules announced by the government, most unused pension funds and death benefits are due to come into the scope of Inheritance Tax for deaths on or after 6 April 2027.
Trusts
Some people use trusts to hold assets for children, vulnerable relatives or a surviving partner. Trusts are not right for everyone and can have tax effects. A professional can explain whether one is relevant.
Business interests
If you own a business or farm, there may be extra things to consider, such as who will run it and how reliefs apply.
A practical checklist
- List what you own and owe, roughly, including pensions and policies.
- Check whether you have a valid, up-to-date Will.
- Think about who you would trust to act for you if you became unwell.
- Check how your home is owned.
- Review pension and life insurance nominations.
- Write down where important documents are kept.
- Talk to family about your wishes, if you feel comfortable doing so.
A practical example
Rob and Kiran are in their fifties, unmarried, with a home owned jointly and two children from Rob’s earlier marriage. They realise that unmarried partners do not inherit automatically under the intestacy rules. They decide to make Wills, check how their home is owned, update their pension nominations and make LPAs for each other. A professional helps them see how each part fits together.
Scotland and Northern Ireland
Succession law in Scotland and Northern Ireland is different from England and Wales. Scotland, for example, has “legal rights” for spouses and children that can apply regardless of a Will. WillHarbour currently focuses on England and Wales. For official guidance, see mygov.scot or nidirect.
When to get professional help
Simple situations can sometimes be handled with a basic Will and LPAs. It is often worth speaking to a solicitor, chartered legal executive or qualified estate-planning adviser if:
- you have a blended family or are not married to your partner
- your estate may be above the Inheritance Tax thresholds
- you own a business, farm, overseas property or significant pensions
- you want to provide for someone vulnerable
- you are considering lifetime gifts or trusts
Will writing is not a regulated activity in England and Wales, so always check a provider’s regulation, insurance and professional membership yourself.
Next steps
If you would like to discuss your situation with a qualified professional, you can read about our estate planning introductions or start the estate planning questionnaire. WillHarbour is an introduction service, not a law firm, and does not give legal, tax or financial advice. With your permission, we share your enquiry with up to three suitable firms that offer estate-planning services. They will explain their fees and their referral arrangement with us before you decide to go ahead.
Frequently asked questions
Is estate planning only for wealthy people?
No. Anyone with family, a home, savings or a pension may find it useful to make a Will, consider LPAs and keep nominations up to date.
Does my Will cover my pension?
Often not. Many pension schemes pay death benefits based on your nomination form rather than your Will, so it is worth checking with each scheme.
How often should I review my estate plan?
Many people review every few years, and after major life events such as marriage, divorce, a birth or a death in the family.
Official sources
This guide is general information about the law in England and Wales at the time it was last reviewed. It isn’t legal, tax or financial advice. For advice on your own situation, speak to a qualified professional.
