Private Client Planning Before Autumn: Wills, LPAs and Succession Decisions to Review

As autumn approaches, many individuals and families turn their attention to reviewing wills, lasting powers of attorney and succession plans. Our Private Client team explains the key areas worth revisiting before the season is out.

Autumn often brings a renewed sense of focus. After the summer break, many individuals, families and business owners begin to think more carefully about the months ahead, from financial planning and property decisions to longer-term succession.

For private clients, this can be an ideal time to review the legal arrangements that protect personal wishes, family wealth and future decision-making. Wills, lasting powers of attorney, inheritance tax planning and succession arrangements are often easy to postpone. Yet when these matters are left unresolved, families can face uncertainty, delay and avoidable pressure at an already difficult time.

Taking advice before autumn can provide clarity and reassurance, particularly where personal, family or business circumstances have changed.

Reviewing your will

A will is one of the most important private client documents an individual can put in place. It allows you to set out who should benefit from your estate, who should deal with the administration of your affairs and, where relevant, who should care for minor children.

However, a will should not be treated as a one-off task. It should be reviewed regularly, particularly after major life events.

You may need to revisit your will if you have, had children or grandchildren, bought or sold a significant property, received an inheritance, started or sold a business, acquired overseas assets or experienced changes in family relationships. If you have recently married or entered into a civil partnership, it is important to review your Will promptly, as marriage or civil partnership automatically revokes an existing Will.

Divorce also has a significant impact on your Will, as provisions relating to your former spouse will be revoked following the divorce. However, separation does not have the same automatic effect. If your relationship has broken down but you have not yet reviewed your Will, your former partner could unintentionally remain a beneficiary.

For blended families, second marriages, unmarried partners or families with business assets, careful drafting is particularly important. A will that no longer reflects your circumstances may create confusion, increase the risk of disputes or fail to achieve the outcome you intended.

Making or updating lasting powers of attorney

A lasting power of attorney, often known as an LPA, allows you to appoint trusted people to make decisions on your behalf subject to the type of LPA and its terms..

There are two main types. A property and financial affairs LPA can cover decisions about bank accounts, bills, investments and property and can be particularly useful if you want someone you trust to manage your finances or property, including if you later lose mental capacity. A health and welfare LPA allows attorneys to make relevant welfare and healthcare decisions when you lack capacity such as your medical care, living arrangements and day-to-day welfare. Many people assume LPAs are only relevant later in life. In reality, they can be important at any age. Illness, accident or temporary incapacity can create immediate practical problems if no one has legal authority to act.

Without an appropriate LPA, family members may need to apply to the Court of Protection for authority to manage a person’s property and financial affairs on an ongoing basis before they can act. This can be time-consuming, costly and stressful, particularly when a decision is urgent.

If you already have LPAs, it is sensible to review they are registered correctly as well as whether the attorneys you appointed remain appropriate. You should consider whether they are still willing and able to act, whether they understand your wishes and whether your family or financial circumstances have changed.

Thinking carefully about succession

Succession planning is not only about tax or inheritance. It is about ensuring that assets, responsibilities and decision-making pass in a structured and considered way.

For families, succession planning may involve decisions about property, lifetime gifts, trusts, family businesses, investment assets and the needs of different generations.

For business owners, succession planning can be particularly important. Questions may include who should take over the business, whether family members are involved, how business assets are reflected in the will and whether shareholder or partnership arrangements align with personal estate planning.

Where personal and business interests overlap, joined-up advice is essential. A will, articles of association, shareholders’ agreement, partnership agreement and tax planning strategy should work together rather than sit in isolation.

Considering inheritance tax and lifetime gifts

Inheritance tax planning should be approached carefully and in good time. For some clients, relatively simple steps may make a meaningful difference. For others, more detailed planning may be required, particularly where there are property assets, business interests, trusts, international assets or significant lifetime gifts.

Business owners and families with agricultural assets should also consider the changes to Business Property Relief and Agricultural Property Relief that took effect from 6 April 2026. The interaction with lifetime gifts, trusts and other estate-planning arrangements can be complex, so it is important to review succession plans in light of the new rules.

Lifetime gifting can be useful, but it should not be considered in isolation. Before making gifts, it is important to consider affordability, future care needs, family dynamics, control, tax consequences and record keeping.

Clients should also be cautious about giving away assets while continuing to benefit from them. These arrangements can create complex inheritance tax issues and may not achieve the intended result.

A good review should look not only at how wealth passes on death, but how it is held, protected and used during lifetime.

Reviewing property ownership

Property is often one of the most valuable assets in an estate. Autumn can be a useful moment to review how property is owned and whether that ownership still reflects your wishes.

Important questions include whether the property is owned in one person’s name or jointly, and, where it is jointly owned, how the beneficial interest is held and whether a jointly owned property is held as joint tenants or tenants in common. The legal ownership shown at the Land Registry does not always tell the whole story, as beneficial ownership can be held separately.

Further important questions would be whether the will reflects the ownership structure and whether there are second homes, investment properties or overseas assets to consider. For unmarried couples, blended families or family-owned property, these questions can be particularly important. Without clear planning, there may be uncertainty about who owns what and who should benefit in the future.

Avoiding future family disputes

Private client planning is often about preventing problems before they arise. Disputes can occur where documents are unclear, expectations differ or family members feel decisions were not properly explained.

Common causes of disputes include outdated wills, concerns about capacity, disagreements between executors, unequal provision for children, second marriages, blended family arrangements and family business succession.

Clear advice, careful drafting and good communication can reduce the risk of conflict. In some circumstances, family members and dependants may also have statutory rights to seek financial provision from an estate.

For unmarried couples, it is particularly important to consider wills and property ownership, as living together does not give partners the same automatic inheritance rights as marriage or civil partnership.

In some cases, a letter of wishes can help explain the thinking behind certain decisions.. A letter of wishes can sometimes help explain the reasoning behind certain decisions, particularly in relation to trusts or discretionary arrangements, but it is not a substitute for appropriate provisions in the will and should be prepared and reviewed carefully.

Where assets, residence or family members are spread across more than one jurisdiction, specialist cross-border advice may be required, as succession and tax rules can differ between countries.

Final thoughts

Private client planning is most effective when decisions are made calmly and before they become urgent.

As the summer months draw to a close, reviewing your will, LPAs and succession arrangements can help ensure that your personal and financial affairs remain aligned with your current circumstances.

Seddons GSC’s Private Client team provides discreet, tailored advice on wills, estate planning, lasting powers of attorney, trusts, succession planning and estate administration.

Read more: https://seddons-gsc.com/private/seddons-private/

 

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