Complete Guide to Estate Planning for Families in Kent
Estate planning is one of the most important steps families can take to protect their assets and ensure their wishes are respected. Without a clear plan, estates can be subject to unnecessary tax, delays in probate and unintended distribution of assets. This guide explains how estate planning works in the UK and outlines practical steps families in Kent can take to protect their wealth.
In this guide
- →What is estate planning
- →Why estate planning matters
- →Writing a legally valid will
- →Understanding inheritance tax
- →Lifetime gifting rules
- →Using trusts to protect family wealth
- →Lasting powers of attorney
- →Estate planning for modern families
- →Common estate planning mistakes
- →Estate planning services in Kent
- →Frequently asked questions
What is estate planning?
Estate planning is the process of making legally binding arrangements for what happens to your assets — your home, savings, investments, business interests, personal possessions — when you die, and for how you will be looked after if you lose the ability to make decisions for yourself.
A complete estate plan typically includes:
- A valid will that names beneficiaries, executors and (if applicable) guardians for children
- Lasting powers of attorney for both financial affairs and health and welfare
- Trust structures where appropriate — to protect assets, manage inheritance tax or provide for children
- Tax planning — making use of available allowances to reduce the burden on your estate
- Review of property ownership and other asset structures
- A letter of wishes to guide executors and trustees
Estate planning is not only for the wealthy. Anyone who owns property, has savings, or has people who depend on them financially needs an estate plan. Without one, the law makes the decisions — and those decisions may not be what you would have chosen.
Why estate planning matters
The consequences of not planning can be severe, and they are entirely avoidable. The most common problems that arise from failing to plan include:
Intestacy
Dying without a valid will means the Rules of Intestacy distribute your estate — not your wishes. Unmarried partners receive nothing automatically. Children may inherit money directly at 18 with no conditions.
Probate delays
Estates without clear documentation take longer to administer, cost more and cause greater distress to families at an already difficult time.
Unnecessary inheritance tax
Without planning, estates can face avoidable IHT bills. Proper structuring of wills, trusts and lifetime gifts can reduce or eliminate this liability.
Family disputes
Unclear or absent wills are a leading cause of family conflict. Professional will writing removes ambiguity and protects relationships.
No one to manage your affairs
Without a Lasting Power of Attorney, if you lose mental capacity, no one — not even your spouse — can manage your bank accounts or make healthcare decisions without court intervention.
Writing a legally valid will
A will is the cornerstone of any estate plan. Without it, none of your other wishes — for your home, your savings, your children's upbringing — have legal force.
A legally valid will in England and Wales must be in writing, signed by you in the presence of two independent adult witnesses, and signed by those witnesses in your presence. It can only be made while you have the mental capacity to understand what you are doing and the nature of your assets. It cannot be made by proxy.
A well-drafted will should:
- Name beneficiaries clearly with full names and relationships
- Include substitute beneficiaries in case a named person dies before you
- Appoint at least two executors with a substitute
- Name guardians for any children under 18
- Make specific gifts where appropriate
- Address the residue of the estate — what is left after debts, gifts and expenses
- Consider trust provisions if the circumstances warrant it
Our professional will writing services in Kent cover all aspects of will preparation, from the initial consultation through to execution and storage.
Understanding inheritance tax
Inheritance tax (IHT) is charged at 40% on the value of an estate above the available tax-free allowances. With property values in Kent and the South East remaining high, IHT is a real consideration for many families — not just the very wealthy.
Key IHT thresholds
Assets passing between spouses or civil partners are exempt from IHT. Any unused nil rate band transfers to the surviving spouse. For most married couples, the effective threshold is £1 million — though this requires careful planning to ensure both allowances are fully used.
For a thorough explanation of the rules and planning strategies, read our guide on inheritance tax for UK families.
Lifetime gifting rules
Reducing the value of your estate through lifetime gifts is one of the most effective IHT planning strategies. The key rules to understand are:
- Annual exemption: Each person can give away £3,000 per tax year free of IHT, with any unused allowance carried forward one year.
- Small gifts: Up to £250 can be given to any number of individuals per tax year free of IHT, provided no other exemption has been used for that person.
- Potentially exempt transfers (PETs): Larger gifts become fully exempt if you survive seven years. If you die within seven years, the gift is added back to the estate and may attract IHT on a reducing scale (taper relief).
- Gifts out of income: Regular gifts made from surplus income — not capital — can be fully exempt if they are regular, habitual and do not affect your standard of living.
- Wedding gifts: Gifts on the occasion of a marriage or civil partnership are exempt up to £5,000 to a child, £2,500 to a grandchild, and £1,000 to anyone else.
Using trusts to protect family wealth
Trusts are legal arrangements that hold assets for the benefit of named beneficiaries. They offer significant flexibility in estate planning and can serve multiple purposes: protecting property from care fee assessments, managing assets for young or vulnerable beneficiaries, providing for a surviving spouse while preserving capital for children, and managing inheritance tax.
Common trust types used in estate planning include:
Protective property trust
Created in a will to preserve the deceased partner's share of the family home. Protects this share from care fee assessments if the surviving partner later enters care.
Discretionary trust
Gives trustees flexibility to decide how and when beneficiaries receive assets. Useful for protecting assets for young beneficiaries or those with financial management difficulties.
Flexible life interest trust (FLIT)
Allows the surviving spouse to benefit from the estate while ultimately ensuring assets pass to children. Can be varied after the first death to adapt to changing circumstances.
Business property relief trust
Preserves BPR-qualifying assets within a trust to retain the IHT relief, rather than passing them outright to a surviving spouse who may not hold qualifying assets.
See our trust planning services or our article on protective property trusts.
Lasting powers of attorney
An LPA is a legal document that allows you to appoint someone you trust to make decisions on your behalf if you lose the mental capacity to do so yourself. There are two types: one for property and financial affairs, one for health and welfare. Both must be registered with the Office of the Public Guardian before they can be used.
LPAs must be set up while you have mental capacity. Once capacity is lost, it is too late. Without an LPA, family members must apply to the Court of Protection to become a deputy — a process that typically takes six to twelve months and costs considerably more than setting up an LPA in advance.
One in three people over 65 will develop dementia. Setting up an LPA is one of the most valuable steps any adult can take — not just those approaching retirement.
Read our guide on lasting powers of attorney explained, or see our LPA service page.
Estate planning for modern families
Families today come in many forms, and standard planning approaches do not always fit. Common situations that require careful thought include:
- Blended families: Protecting children from previous relationships while providing for a new partner requires careful trust planning. Simple mirror wills often do not go far enough. See our guide on estate planning for blended families.
- Unmarried couples: Cohabiting couples have no automatic inheritance rights. A carefully drafted will is essential to ensure a partner inherits. There is also no spouse IHT exemption, so additional planning may be needed.
- Second marriages: If either partner has children from a previous marriage, consideration is needed for how assets should ultimately be distributed. Trust structures are often the most effective solution.
- Property ownership: How you own your home affects who inherits it. Joint tenants pass the property automatically to the surviving owner. Tenants in common each own a defined share that can be dealt with separately in a will. This distinction is fundamental to many estate plans.
Common estate planning mistakes
Estate planning services in Kent
Legacy Lines provides professional will writing, LPA preparation, trust planning and estate planning advice across Kent. We are based in Tonbridge and serve clients throughout the county, including:
David, our estate planning consultant, is an appointed representative of New Leaf (WWF) Ltd. We work with clients at home, in our office, or by phone and video call — whatever suits you best. Our pricing is transparent and our consultations are thorough.
To discuss your estate planning needs in Kent, get in touch or view our pricing. You can also read more on our articles and guides page.
Frequently asked questions
What is estate planning?
Estate planning involves organising how your assets will be managed and distributed after death, including wills, trusts and tax planning. It also includes planning for incapacity through lasting powers of attorney.
How much does estate planning cost in the UK?
A basic estate plan including wills and LPAs for a couple typically costs between £800 and £2,000 depending on complexity. More detailed planning involving trusts and inheritance tax advice will be higher. See our pricing page for current Legacy Lines fees.
Do I need a solicitor for estate planning?
Not necessarily. For most families, a specialist will writer such as Legacy Lines can provide comprehensive estate planning including wills, trusts and LPAs. A solicitor may be more appropriate for complex business assets, international estates or anticipated legal disputes.
What happens if I die without a will?
Your estate is distributed under the Rules of Intestacy, which may not reflect your wishes. Unmarried partners receive nothing. The courts decide who cares for minor children. Inheritance tax planning is lost. A valid will prevents all of these outcomes.
How often should estate plans be reviewed?
Estate plans should be reviewed after any major life event — marriage, divorce, birth of children, significant change in assets — and at least every five years as a minimum.