Understanding Estate Planning in the UK

Introduction

Estate planning is the process of preparing for the management and distribution of your assets after death. It ensures that your property, money, and possessions go to the right people and that your wishes are respected. Without proper planning, families often face delays, disputes, and financial strain.

Many individuals assume estate planning is only for the wealthy—but everyone, regardless of the size of their estate, can benefit. Whether you’re drafting a will, appointing guardians for children, or planning for inheritance tax, legal clarity can make all the difference.

A McKenzie Friend can assist individuals who wish to represent themselves in probate matters or estate disputes, offering clarity and support at a fraction of traditional legal costs.

What Is Estate Planning?

Estate planning involves making key legal decisions about:

  • How your assets will be distributed

  • Who will manage your estate (your executor)

  • Who will care for your children (if applicable)

  • How to minimise inheritance tax

  • What happens if you lose capacity before death

It may include preparing:

  • A Will

  • Lasting Power of Attorney (LPA)

  • Trusts

  • Advance Decisions (Living Wills)

Proper estate planning reduces the risk of family conflict and helps avoid lengthy legal processes.

Why Estate Planning Matters

Without a valid will, the law decides who inherits your estate through intestacy rules, which may not align with your wishes. Other risks include:

  • Delays in accessing funds

  • Unnecessary tax burdens

  • Legal disputes between family members

  • Vulnerable dependents left without support

Estate planning ensures peace of mind for you and your loved ones.

Key Documents in Estate Planning

1. Wills

A will is a legal document that sets out how your assets should be distributed after death. It can include:

  • Appointment of executors

  • Guardianship instructions for minor children

  • Gifts to individuals or charities

  • Instructions for funeral arrangements

A poorly written or DIY will may be challenged in court or deemed invalid, leading to complications.

2. Lasting Powers of Attorney (LPA)

There are two types of LPA in England and Wales:

  • Property and Financial Affairs – allows someone to manage your money or property if you become incapacitated

  • Health and Welfare – gives authority over healthcare decisions

Creating an LPA in advance avoids delays and court applications if you lose mental capacity.

3. Trusts

Trusts allow assets to be held on behalf of beneficiaries. They can be used to:

  • Provide for young or vulnerable beneficiaries

  • Protect assets from care fees or creditors

  • Manage inheritance tax planning

Trusts can be complex and usually require careful drafting and professional advice.

Probate and Estate Administration

After death, the legal process of distributing someone’s estate is called probate. This includes:

  • Applying for a Grant of Probate (or Letters of Administration if no will)

  • Valuing the estate

  • Paying debts and taxes

  • Distributing assets to beneficiaries

Many families choose to handle probate themselves but may need help understanding forms, deadlines, or legal obligations. A McKenzie Friend can support you through this process.

How a McKenzie Friend Can Help

As a self-represented person (litigant in person), you may not need a solicitor, but you could benefit from guidance. A McKenzie Friend can help by:

  • Assisting with probate applications and forms

  • Helping you understand wills and estate planning documents

  • Offering support in inheritance disputes or family disagreements

  • Preparing court statements or organising documentation

  • Providing emotional and practical support during difficult times

While not legally qualified, a McKenzie Friend can still offer clarity, organisation, and confidence throughout your legal journey.

Common Estate Matters We Support

  • Drafting or reviewing a simple will

  • Guidance on registering Lasting Power of Attorney

  • Support completing probate forms (PA1P/PA1A)

  • Help dealing with intestacy or disputes among beneficiaries

  • Organising supporting documents for court

  • Support in contentious probate or inheritance claims

Why Choose McKenzie Friend Support for Estate Planning?

  • Cost-effective alternative to traditional legal services

  • Clear, jargon-free guidance to help you make informed decisions

  • Personal support through emotional and complex matters

  • Tailored assistance for individuals representing themselves

  • Ideal for families, executors, and elderly clients seeking peace of mind

Conclusion

Estate planning is one of the most important legal steps you can take to protect your family, your assets, and your legacy. Whether you're preparing a will or managing a loved one's estate, legal guidance can prevent costly errors and reduce stress.

If you're unsure where to start—or need support with probate or disputes—we're here to help as your trusted McKenzie Friend.

📞 Need Help With Wills, Probate or Estate Matters?

Contact us today to arrange a friendly consultation and find out how we can assist you with affordable, practical legal support.