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This is the single most frequently out-of-date document we encounter, because nothing ever prompts a review.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.