Estate Planning Checklist: Practical & Emotional | Octopus Legacy
Key Takeaways
- A complete estate planning checklist covers both practical steps (will, Lasting Power of Attorney, life insurance, pension nominations) and emotional ones (letters, voice notes, recipes, the words you haven't said yet).
- More than 60% of UK adults do not have a will, meaning the law, not them, decides what happens to their estate.
- The average cost of dying in the UK exceeds £9,000 (SunLife Cost of Dying Report). Without a will, that figure rises.
- Without a Lasting Power of Attorney, even a spouse has no automatic legal right to manage your finances or make medical decisions if you lose capacity.
- Your pension does not follow your will. It must be nominated separately, directly with your pension provider.
- When Octopus Legacy asked people what the best gift was that someone had left them after they died, 74% named something with no monetary value at all.
Written by Patrick Mousley, Senior Estate Planning Consultant at Octopus Legacy. Last reviewed April 2026. This guide covers the law in England and Wales. Scottish and Northern Irish law differs in some areas.
Most people know they should write a will. Far fewer know about everything else.
There's the practical side of planning ahead: the legal documents, the financial decisions, the paperwork that makes things easier for the people you leave behind. And then there's the other side, the part that doesn't come with a form to fill in: the recipes, the voice notes, the words you haven't said yet.
Both matter. Both are part of what it means to leave a legacy.
This guide covers everything you should think about when planning ahead, from the legal essentials to the emotional ones. It's not about preparing for death. It's about caring for the people you love, while you still can.
What is an estate planning checklist?
An estate planning checklist is a structured list of the legal, financial and personal steps you take to prepare for death, not for your own sake but for the people you leave behind. In the UK, the practical side typically includes writing a will, setting up a Lasting Power of Attorney, reviewing your life insurance, nominating pension beneficiaries, and making sure your documents can be found. The personal side is the part most checklists leave out: the stories, the recipes, the voice notes, the words that only you can leave.
What are the two types of legacy?
Legacy isn't just what you leave in your will. It splits into two distinct parts, and most people only think about one of them.
Practical legacy is everything that makes life easier for the people you leave behind. Your will, your Lasting Power of Attorney, your life insurance, your pension nominations. These are the things that remove burden, reduce cost, and prevent conflict at the worst possible time.
Emotional legacy is everything that keeps you present after you're gone. Your recipes, your voice notes, your letters, your playlists. When Octopus Legacy asked people what the best gift was that someone had left them after they died, 74% said something with no monetary value at all.
Both are worth planning for. Neither takes as long as you think.
Part One: Your Practical Estate Planning Checklist
1. Write a Will
A will is a legal document that sets out what should happen to your estate, your money, property and possessions, when you die. Under the Wills Act 1837, it is the only document that gives you a legally recognised say in who inherits.
Without a will, you die intestate. That means the intestacy rules, a fixed legal formula set out in the Administration of Estates Act 1925, decide who inherits your estate instead of you. Those rules don't account for unmarried partners, stepchildren, close friends, or the charities you care about. They follow bloodlines and legal ties, not your wishes.
Over 60% of UK adults do not have a will (Co-op Legal Services). That means the majority of people have, by default, handed that decision to the law.
With a will
- Who decides who inherits: You do
- Unmarried partner: Yes, if named
- Guardianship of children under 18: You choose
- Gifts to charity: Yes
- Specific possessions passed on: Yes
- Speed of estate distribution: Usually faster
Without a will (intestacy)
- Who decides who inherits: The law does
- Unmarried partner: Never
- Guardianship of children under 18: Courts decide
- Gifts to charity: No
- Specific possessions passed on: No
- Speed of estate distribution: Often slower, and more costly
A will is especially important if you are:
- A parent
- In a relationship but not married
- Married with children from a previous relationship
- A homeowner
- Separated or divorced
- A business owner
Dying without a will can cost families significantly more to resolve. The SunLife Cost of Dying Report puts the average cost of dying in the UK at over £9,000 before any complications are factored in. Without a will, that figure rises, and so does the time your family spends on administration at the worst possible moment.
With Octopus Legacy, you can complete your will in as little as 15 minutes online, or in a one-hour in-person appointment.
Your will checklist:
- My wishes are up to date
- I've signed my will in the presence of two witnesses
- My two witnesses have also signed my will
- My will is stored securely and my executors know where to find it
A plan is no use if it can't be found. Make sure the people who need to know, do.
2. Set Up a Lasting Power of Attorney
A Lasting Power of Attorney (LPA) is a legal document that lets you appoint a trusted person, called an attorney, to make decisions on your behalf if you lose the mental capacity to do so yourself. It is governed by the Mental Capacity Act 2005. Without one, no one, not your spouse, not your children, has the automatic legal right to manage your affairs or make decisions about your care.
There are two types of LPA in England and Wales.
Property and Finance LPA gives your chosen attorney the authority to:
- Manage your bank accounts and investments
- Pay your bills
- Apply for benefits on your behalf
- Buy or sell your property
Health and Welfare LPA gives your chosen attorney the authority to:
- Make decisions about your medical care and treatments
- Decide where you live and who cares for you
- Ensure your day-to-day needs are met in the way you would want
Here's what many people don't know: being married or closely related to someone does not automatically give them the right to make these decisions. Without a registered LPA, a family member would need to apply to the Court of Protection for a deputyship order. That process costs upwards of £400 and takes considerably longer than registering an LPA, which costs £82 per document. It is slow, stressful, and entirely avoidable.
LPA applications have increased by more than 50% since 2019 (Office of the Public Guardian), which suggests more people are waking up to how important this is. But the majority still don't have one.
Your LPA checklist:
- I've decided who I'd trust to act in my best interests
- I've signed my LPA
- My attorneys, certificate provider and witnesses have signed my LPA
- My LPA has been registered with the Office of the Public Guardian
- My LPA is stored securely
3. Check Your Life Insurance
Life insurance pays a lump sum to a named beneficiary if you die. That money can be used to cover the mortgage, pay for a funeral, allow a partner to take time off work, or simply create financial breathing room at a moment when the last thing anyone should be worrying about is money.
Ask yourself:
- If the worst were to happen, what would the biggest financial pressures be for the people who rely on you?
- Would you want them to be able to take time off work?
- Is there a mortgage or other debt that would fall to someone else?
Life insurance through Octopus Legacy doesn't require a medical exam and takes an average of four minutes to set up. It won't suit everyone, but it's worth understanding whether it suits you.
4. Keep a Record of Your Assets
Your family can't access what they can't find. A clear list of your assets, and where they are, can save months of searching at a time when no one has the energy for it.
Your assets list should include:
- Bank accounts and savings
- ISAs and investment accounts
- Pension pots (including old workplace pensions)
- Property
- Shares
- Any significant valuables
Keep this document somewhere accessible, and make sure the right people know where it is.
5. Sort Your Accounts, Subscriptions and Passwords
This is the one most people forget. Alongside the formal documents, there's a whole world of digital life that doesn't automatically resolve itself when someone dies.
A list of your accounts, subscriptions and key passwords can save the people who love you significant time and frustration. Think about energy providers, streaming services, email accounts, banking apps, social media logins, and any joint accounts that might be worth converting to joint names now.
If you have a partner, consider which accounts could move into joint names today, before anything happens.
6. Nominate a Pension Beneficiary
This one catches a lot of people out. Your pension doesn't automatically follow your will. It sits outside your estate, which means it won't necessarily go to whoever you've named in your will unless you've also nominated them directly with your pension provider.
Most pension providers allow you to nominate a beneficiary online, and it takes minutes. If yours doesn't have an online option, you can write a letter of wishes to your pension provider naming who you'd like the money to go to.
Check. It. Now.
Your pension checklist:
- I've noted my pension provider or providers somewhere accessible
- I've nominated a beneficiary directly with my pension provider, or written a letter of wishes
7. Write Down Your Household Hacks
This is the one no one puts on official checklists. But it might be the most immediately useful thing you can do.
Only you know where the spare key is hidden, how to get the boiler to reset, what that smell from the radiator means, or the knack to get the car door to close properly in winter. Small things. Essential things. The kind of practical knowledge that lives entirely in your head, and would take someone weeks to figure out without it.
Writing down your household hacks, your filing system, the things that only you know, is a small but genuinely meaningful act. The people you love will thank you for it.
Part Two: Your Emotional Legacy Checklist
[IMAGE: A handwritten letter and family photographs on a table — alt text: "A handwritten letter beside family photographs, representing an emotional legacy"]
Once you've covered the practical side, there's another kind of planning worth thinking about. The kind that doesn't show up in a legal document but tends to matter the most.
When Octopus Legacy asked people what the best gift was that someone had left them after they died, the most common answers were: their wisdom, their words, their photographs, a letter, a voice note, a recipe, a playlist.
86% of people said that a gift left by someone who had died helped them process their grief (Octopus Legacy research).
These aren't nice-to-haves. They're the things people actually hold onto.
Write a Recipe
Not just the ingredients. The adjustments. The pinch of extra something. The way it's supposed to smell before you add the next thing. The story of where it came from.
A handwritten recipe for a dish you've cooked a hundred times is the kind of thing that will outlast almost anything else you own.
Record a Voice Note
A voice note recorded on a phone today will, in all likelihood, become the most precious thing on someone else's phone one day. Tell a story. Say something you've always meant to say. Share a piece of advice you wish you'd been given earlier.
Don't leave anything unsaid that you could just as easily say today.
Write a Letter
What would you want the people you love to know, when you're no longer there to tell them? What's the best piece of advice you've ever been given? What do you most want them to remember?
You don't have to write it all at once. Start somewhere. Come back to it.
Share a Playlist
What is the soundtrack of your life? What eight songs would you choose if you were going on Desert Island Discs? What music would tell someone, years from now, who you were?
A playlist is a small thing that can carry a lot of meaning.
Frequently Asked Questions
What is an estate planning checklist?
An estate planning checklist covers everything you need to do to prepare for death, practically and legally. In England and Wales, that typically includes writing a will, setting up a Lasting Power of Attorney, reviewing your life insurance, nominating pension beneficiaries, and making sure the people you trust know where your documents and assets are.
Do I need a will if I'm married?
Yes. The widely held belief that a spouse automatically inherits everything when you die is a common misconception. If you die without a will in England and Wales, the intestacy rules apply, and these don't always result in your estate going where you'd want it to. If you have children, assets above a certain threshold may not automatically pass to your spouse. A will removes all of that uncertainty.
What's the difference between a practical legacy and an emotional legacy?
A practical legacy refers to the legal and financial steps you take before you die: your will, your Lasting Power of Attorney, your pension nominations. An emotional legacy is everything that keeps you present after you're gone: your stories, your recipes, your voice, your words of advice. Both matter. Neither takes as long as most people think.
What happens to my pension when I die?
Your pension usually sits outside your estate, which means it does not automatically follow your will. You need to nominate a beneficiary directly with your pension provider, or submit a letter of wishes, to have a say in where it goes. This applies even if your will clearly names who you want to receive your money. Check your pension nomination today.
Does being married give my spouse the right to make medical decisions on my behalf?
No. Without a registered Health and Welfare Lasting Power of Attorney, your spouse does not automatically have the legal right to make decisions about your care if you lose capacity. They would need to apply to the Court of Protection for a deputyship order, which is a lengthy and costly process. Setting up an LPA now avoids that entirely.
How long does it take to write a will with Octopus Legacy?
You can complete your will in as little as 15 minutes online, or in a one-hour in-person appointment.
Does this guide apply in Scotland?
This guide covers the law in England and Wales. Scotland has its own separate legal framework, including different rules around inheritance and powers of attorney. If you're based in Scotland, you should seek advice under Scots law.
Where to Start
The most common reason people haven't done any of this yet is that it feels too big to start.
It isn't.
Pick one thing from this list. Do it this week. Then come back for the next one.
If you want to start with the most important step, write your will. It's the legal foundation everything else builds on.
Once the practical side is covered, think about what you want to leave behind beyond the paperwork. A voice note. A letter. A recipe. Something that sounds like you.
The people who matter most to you will be glad you did.
Octopus Legacy has helped over one million people plan for death and find support after loss. We're the UK's second largest estate planner. This article was written by Patrick Mousley, Senior Estate Planning Consultant, and last reviewed in April 2026. It covers the law in England and Wales only.
