Practical later-life planning before you see a solicitor

Why do the groundwork first?

Most people think the first step is booking a solicitor. In my experience, the real first step is sitting down with a cup of tea and working out what you actually have, what you want, and what you're unsure about. The best time to sort this is when your life isn't on fire.

A solicitor's job is to give you legal advice and draw up documents that work. They can do that far more easily when you arrive knowing what you own and who you want involved, with your worries already written down. If you turn up with a carrier bag of loose papers, a good chunk of the appointment goes on sorting the basics.

Doing the groundwork also helps you spot what you might be missing. Your will, your pension, your digital accounts and any business you run all affect each other. It helps to see the whole picture before you make any decisions.

Step 1: Write down what you have

Start with a simple list. You don't need exact values yet, just enough for a professional to understand the shape of things.

• Your home and any other property, and whether it's owned jointly
• Bank and building society accounts, savings and investments
• Pensions, including old workplace pensions (if you've lost track of one, the government's free Find Pension Contact Details service can help)
• Life insurance and any policies that pay out on death or illness
• Mortgage, loans, credit cards and other debts
• Any business you own or share
• Digital accounts: email, online banking, photos, social media and subscriptions
• Valuables and things that matter to you, even if they aren't worth much

Step 2: Gather the documents you already hold

Next, find the paperwork that already exists. Note where each original is kept, not just that it exists.

• Any existing will, and where the signed original is
• Any Lasting Power of Attorney, registered or not
• Property deeds or Land Registry details, and mortgage statements
• Recent pension statements, and any “expression of wish” or nomination forms you've filled in
• Insurance policy documents
• Marriage, civil partnership or divorce papers
• Your passport or driving licence, which you'll need for ID

Step 3: Think about the people

This is the part most people put off, and it's often the most important. Before your appointment, think about:

• Who you'd like as your executors, the people who deal with your estate after you die
• Who you'd trust as attorneys, to make decisions for you if you couldn't
• Who would look after any children under 18
• Who you'd like to benefit, and what should happen if one of them dies before you
• Who you'd name as a back-up for each role

Then talk to them. Asking someone before you name them saves surprises later. My guide “Preparing executors and attorneys for their role” (link to /guides/preparing-executors-and-attorneys) goes into this in detail.

Step 4: Know the basics before you go

You don't need to be an expert. But a few plain facts will help you follow the conversation and ask better questions. These apply in England and Wales.

• Wills: to be legally valid, a will must be in writing, made voluntarily, and signed in front of 2 witnesses aged 18 or over, who also sign it. You can't leave anything to your witnesses or their married partners.
• Getting married or entering a civil partnership cancels any will you made before. Gov.uk suggests reviewing your will every 5 years and after any big life change.
• No will: if you die without one, the law decides who inherits. An unmarried partner does not automatically inherit under these rules.
• Lasting Powers of Attorney (LPAs): there are 2 types, one for health and welfare and one for property and financial affairs. You can make one or both. Registering each costs £92 (unless you qualify for a reduction), and the Office of the Public Guardian says it takes 8 to 10 weeks if there are no mistakes. You can only make an LPA while you have the mental capacity to do so.
• If someone loses capacity without an LPA, their family may have to apply to the Court of Protection to become a “deputy”. That is a longer and more involved process.
• Inheritance Tax: there's normally none to pay if your estate is below £325,000, or if you leave everything above that to your spouse, civil partner or a charity. The threshold can rise to £500,000 if you leave your home to your children or grandchildren. From 6 April 2027, most unused pension funds will count towards your estate for Inheritance Tax. This is exactly the kind of area where proper advice matters.
• Medical wishes: an LPA is different from an advance decision (sometimes called a living will) or an advance statement. The NHS website explains both.

Step 5: Write your questions down

Appointments go quickly, and it's easy to forget the one thing you really wanted to ask. Write your questions on one sheet of paper. For example:

• Is my situation straightforward, or does it need specialist advice?
• Should my partner and I make separate wills?
• What's the best way to look after a child, or someone who might not manage money well?
• How do my pensions fit with my will?
• Is Inheritance Tax likely to apply, and should I speak to a tax adviser?
• What will this cost, and what's included?

Check the free help first

There's a lot of reliable, free information out there. I always point people to these before they pay for anything:

• GOV.UK: making a will, Lasting Powers of Attorney, Inheritance Tax and probate
• The Office of the Public Guardian's online service for making and registering an LPA
• MoneyHelper: free, impartial money and pension guidance, including Pension Wise appointments for people aged 50 and over with a defined contribution pension
• Citizens Advice: practical guidance on wills, death and money worries
• The Law Society's Find a Solicitor service, to find a regulated solicitor near you

When to see a solicitor or professional

I'm not a solicitor or financial adviser, and this guide isn't legal or financial advice. Gov.uk recommends getting advice if your will isn't straightforward. Please see a solicitor or regulated professional if any of these apply to you:

• You have a blended family, a second marriage or children from a previous relationship
• You own property abroad, or your permanent home is outside the UK
• You run a business or own part of one
• You want to protect someone who is vulnerable or receives benefits
• Inheritance Tax is likely, or you're thinking about giving away money or your home
• You think someone may challenge your will, or there are worries about capacity
• You have questions about care fees, trusts or tax

For pensions and investments, speak to a financial adviser regulated by the Financial Conduct Authority. For tax, speak to a qualified tax adviser or accountant.

Your one-page checklist

• I've listed what I own and owe
• I know where my important documents are
• I've chosen my executors, attorneys and guardians, and asked them
• I've read the basics on wills and LPAs on gov.uk
• I've written down my questions
• I've booked my appointment, and I know what it will cost

Free resource: Dying without a Will guide

Not sure what would happen if you didn't have a will? My free 'Dying without a Will' guide explains, in plain English, who would inherit your money, home and belongings under the current rules if you died without one. It's a really useful read before your solicitor appointment, so you know exactly what you're putting right.

More guides from Your Final Matters

• Organising your ageing parents' information → link to /guides/organising-ageing-parents-information
• Digital legacy and digital assets → link to /guides/digital-legacy-and-digital-assets
• Preparing executors and attorneys for their role → link to /guides/preparing-executors-and-attorneys
• Sandwich-generation family planning → link to /guides/sandwich-generation-family-planning
• Business blind spots for sole traders and microbusinesses → link to /guides/business-blind-spots-for-sole-traders
• Funeral wishes and informed funeral choices → link to /guides/funeral-wishes-and-funeral-choices
• Creating a family handover folder → link to /guides/family-handover-folder
• Turning good intentions into completed actions → link to /guides/turning-good-intentions-into-completed-actions