Estate Planning

Wills, trusts, powers of attorney and nominations — coordinated rather than collected.

Making sure it ends up where you intended

Estate Planning

Estates go wrong less often through tax than through mismatch: a will saying one thing and a pension nomination saying another, a trust nobody has reviewed since it was created, an attorney appointed who can no longer act. The work here is coordination — making sure the documents, the nominations and the ownership all point the same way, and that somebody can act if you cannot.

What this covers

  • Documents and nominations checked against each other, not in isolation
  • Pension and policy nominations reviewed — the single most commonly missed item
  • Existing trusts tested against their original purpose
  • Powers of attorney addressed while there is still capacity to grant them
  • Will drafting, trust deeds and LPAs are not FCA-regulated and are referred to a solicitor
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Ask us about your situation.

Typical matters

What this looks like in practice

  • Reviewing wills, nominations and ownership together, and reporting where they contradict each other
  • Checking pension and life policy nominations, which pass outside the will and are routinely years out of date
  • Advising on how property is held, and what each form of ownership means on death
  • Reviewing existing trusts against whether they still do what they were set up to do
  • Making sure lasting powers of attorney exist and are registered before they are needed

Who we act for

Clients in this area

Families with children from more than one relationship, people holding property jointly who have never checked how it is held, anyone whose pension nomination predates their current circumstances, and people arranging matters for a vulnerable relative.

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In more detail

Estate Planning at Sterling & Law

Most estates go wrong through mismatch, not tax

The common failure is not a tax bill. It is a set of documents that contradict each other: a will drafted before a second marriage, a pension nomination naming someone who has not been in the picture for fifteen years, a property held in a way nobody checked, a trust set up for a purpose that no longer exists.

Each document looked right when it was made. Nobody read them together afterwards. Reading them together is most of the work, and it regularly finds something.

The nomination that passes outside the will

Pensions and many life policies are not governed by a will. They pass according to the nomination held by the provider, or at the trustees’ discretion guided by it. A will leaving everything to a current spouse does not redirect a pension nominated to a former one.

This is the single most frequently out-of-date document we encounter, because nothing ever prompts a review. It takes minutes to check and it is worth doing today rather than adding it to a list.

How property is held changes what happens

Property held jointly can pass automatically to the survivor regardless of what a will says, or it can pass under the will as a defined share. The two produce very different outcomes, particularly in blended families where the intention is often to provide for a spouse during their lifetime while preserving something for children from an earlier relationship.

Which applies is a matter of record and can be checked. Changing it is possible but is legal work.

Powers of attorney, while there is still time

A lasting power of attorney can only be made while the person making it has capacity. After that the route is a court application: slower, more expensive and more intrusive, at exactly the point a family is least able to cope with any of those things.

It is the clearest example in this area of a task where acting early costs very little and acting late costs a great deal. Registering one does not hand anything over — it means somebody can act if a day comes when you cannot.

Before we speak

What to have to hand

The point of this exercise is to read everything together. Bring the documents even if you are confident they are fine — the contradictions are rarely obvious from inside any single one of them.

  • Your current will, and your spouse or partner’s
  • Pension and life policy nomination forms, or confirmation that none exist
  • Deeds or Land Registry details showing how property is held
  • Any trust documents, however old, and a note of what they were for
  • Any lasting powers of attorney, and whether they have been registered
  • A short note of who you intend to benefit, and anything complicated about the family

If you have none of it

Come anyway

People often delay a first conversation until they have assembled a file. That delay costs more than the missing paperwork does. Tell us what you know, and we will work out what needs finding — and in what order.

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Plain English

The vocabulary

The words that turn up in this area, written for people who are not lawyers — because that is who has to make the decisions.

Intestacy
What happens when there is no valid will. Statutory rules decide, and they often do not match what people assume — especially for unmarried couples.
Joint tenants
Property ownership where the survivor automatically takes the whole, regardless of what a will says.
Tenants in common
Ownership in defined shares, each of which passes under that owner’s will. Usually the starting point for providing for a spouse while preserving something for children.
Expression of wish
The nomination directing a pension on death. Passes outside the will and is routinely years out of date.
Lasting power of attorney
Authority for someone to act for you if you cannot. Can only be made while you have capacity; after that it is a court application.
Executor
The person responsible for administering an estate. Worth choosing deliberately, and worth telling them.
Life interest trust
A structure giving someone the use of an asset for life, with it passing to others afterwards. Common where a spouse should be provided for but the capital preserved.
Probate
The legal process of administering an estate. Simpler where documents are coherent and assets are documented, which is most of the point of doing this.
Not FCA-regulated
Will drafting, trust deeds and powers of attorney fall outside Financial Conduct Authority regulation. Worth knowing which protections apply to which part of the advice you receive.

Common questions

Estate Planning: questions we are asked most

Do I need a will if everything goes to my spouse anyway?

Probably yes. Without one the intestacy rules decide, and they do not always produce what people assume — particularly where there are children, or where a couple are not married.

What is the difference between a will and a nomination?

A will governs your estate. A nomination tells a pension or policy provider who should receive money that passes outside the estate. They are separate documents and they can easily contradict each other.

Do you draft wills and trusts?

No. Will drafting, trust deeds and powers of attorney are not regulated by the Financial Conduct Authority and are referred to a solicitor. We make sure the financial plan and those documents agree.

How often should any of this be reviewed?

When something changes — marriage, separation, a birth, a death, a house move, a business sale — and otherwise every few years. The documents do not update themselves and nothing prompts you.

What if a beneficiary is vulnerable or very young?

That is one of the clearer cases for a trust, so that money is managed rather than handed over at an age or in a condition where that would not help. The structure is a legal matter; what the trust should hold and how it should be invested is advice.

Can I stop my children’s inheritance going to an ex-partner?

There are structures intended to address exactly this, with trade-offs in cost and control. It is a common concern and a reasonable one to raise directly.

Important

Will writing, trust drafting and powers of attorney are not regulated by the Financial Conduct Authority. Where a matter needs a solicitor we say so and refer it.

Tax treatment depends on your individual circumstances and may change in future. Statements here describe the rules as they generally apply, not advice on your position.

Inheritance tax planning usually involves giving up access to money or control over it. Some arrangements take years to become effective and cannot easily be reversed.

How it works

Three steps, every time

01

First conversation

A call at our cost to understand what you are trying to do and tell you plainly whether we can help. Sometimes the honest answer is that you do not need advice at all, or not yet — and we would rather say that than bill you for finding out slowly.

02

Scope and costs in writing

Before any work starts you get the scope, the approach, who will do the work and what it will cost, in writing. Independence means we are paid by you rather than by a provider, and you should be able to see exactly what you are paying and for what.

03

Advice, then review

A written recommendation you can read, question and keep, setting out what we suggest and why — including the options we rejected. Then a review at agreed points, testing the plan against what actually happened rather than restating it.

Related services

Often connected to this

Financial Planning

Independent, whole-of-market advice built around what you are actually trying to do.

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Investments

Portfolio construction and ongoing management, with the costs and the risk stated plainly.

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Pensions

Workplace and personal pensions found, costed, and consolidated only where it helps.

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Back to all services

Tell us what you are trying to work out

A first conversation at our cost, and an honest view on whether advice would change anything for you.