As the clock strikes midnight on 31st December, many start to focus on the year ahead – yet far fewer look beyond it.
Organising your estate can easily slip to the bottom of the list, hidden behind vision boards, goal setting and resolutions. However, in this article, trainee solicitor Leah McIntyre explains why this should be your sign to organise your estate and plan for your future.
What does it mean to organise your estate?
Organising your estate involves planning for the future and ensuring your personal, financial and legal affairs are in order. This helps ensure that your wishes are clearly documented and enables matters to be dealt with efficiently should you die or lose capacity to make decisions.
For many people, the process can feel daunting. Common misconceptions regarding when it is ‘necessary’ to make a will often result in estate planning being delayed or overlooked altogether. In practice, however, organising your estate is less intimidating than it may seem and can be approached in three steps:
- Making a will
- Putting a Lasting Power of Attorney in place
- Reviewing your will regularly to ensure it remains appropriate and up to date
Why should you have a will?
Writing a will gives you complete control over what happens to your estate when you die. For example, it allows you to:
- Decide who inherits your assets
- Appoint a guardian for minor children
- Choose executors you trust to administer your estate
- State who should take care of your pets
Importantly, you can also include funeral wishes in your will. Although these provisions are not legally binding, they can offer guidance to your executors and loved ones, helping them to respect your preferences at a difficult time.
What happens if I don’t have a will?
According to The National Wills Report 2025, only 37% of UK adults have made a will, meaning many people risk having their estate distributed in accordance with the rules of intestacy. This may appear to be a straightforward alternative and whilst many people assume their estate will automatically pass to the ‘right’ people, this is not always the case. The intestacy rules may not reflect your wishes. For example:
- Unmarried and unregistered partners are not protected
Under the rules of intestacy, no provision is made for unmarried or unregistered partners. This means that surviving partner will not automatically inherit any of the property and possessions owned in the sole name of the deceased, even if they were cohabitating for a substantial period of time.
- The administration of your estate may be complex and burdensome
Depending on the size and nature of your estate, administering it can be a complicated and time-consuming process. If there is no will, this responsibility will usually fall to a close relative who may not be best placed to deal with these matters or fully understand your wishes.
- Decisions about your children may be taken out of your hands
If you have young children and no will is in place, the local authority may ultimately decide who should act as their guardian. Whilst preference is often granted to close family members, this is not always guaranteed and may not reflect your personal wishes.
These are a few of the reasons why writing a will is incredibly important. A properly drafted will provides you with the opportunity to care for your loved ones, offer them financial support after you are gone and ensure the responsibility of administration is in the hands of someone you trust.
Why the New Year is the perfect time to organise your estate
As the clock strikes midnight and a new year begins, many people naturally take time to reflect on the past year, focussing on what they have achieved, what has changed and what they would like to prioritise going forward. This period of reflection makes the New Year an ideal time to add ‘organising your estate’ onto your list of resolutions. What better way to start 2026 than with renewed focus, clarity and peace of mind?
I’ve made a will – what should I do now?
Sit back and relax – but not for long! It is important to review your will regularly to ensure it continues to reflect your wishes and personal circumstances.
As a general rule, your will should be reviewed every five years. You should also consider reviewing it sooner if there are any significant changes in your life, including:
- Changes in personal relationships, such as marriage, divorce, or separation
- The birth of new children or grandchildren
- Retirement or changes to your financial circumstances
- The need for long-term care planning
- Changes in the personal circumstances of your beneficiaries or executors
Regularly reviewing your will ensures that it remains up to date and aligned with your wishes.
At Mincoffs Solicitors, our private client team combines specialist expertise with years of experience. If you need advice on wills or lifetime estate planning, our solicitors are here to offer clear, practical support tailored to your needs.
To book an appointment with one of our wills, probate and trusts team, please email probate@mincoffs.co.uk or call our offices on 0191 281 6151.
