Wills have traditionally been seen as a ‘one size fits all’ or ‘plug and play’ document where you fill in a questionnaire and sign the next day.
In 2026, Wills navigate blended families, interact with businesses and trusts, and provide for significant generational wealth transfers. With the rise in court disputes about Wills, careful planning is more important than ever. Below are some of the main things to consider as part of your Will:
- Complicated Asset Structures: Wills become increasingly complex when dealing with different kinds of assets, such as businesses, partnerships or overseas property. We will review your assets with you so your Will is effective for what you have and what you want to do with it. By ensuring your Will works from the beginning, your family can focus on the important things when you’re gone, instead of facing or fixing administration issues.
- Trusts: We will help you understand the difference between Wills and trusts. While a Will outlines how your assets will be divided when you pass away, a trust can provide ongoing management of assets during your lifetime and afterwards. In some cases, a combination of both may be the most effective way to achieve your goals.
- Claims Against Estates: A poorly considered Will may leave your family dealing with disputes which can last years, and cause great stress and financial strain. This is particularly important with blended families. We will give you advice on whether there are likely to be any potential legal claims against your Estate and your options to manage this. People can have claims against your Estate under the Property (Relationships) Act 1976, the Family Protection Act 1955 and the Law Reform (Testamentary Promises) Act 1949, so there’s a lot to consider. We specialise in navigating these issues with you.
- Relationship Property: The relationship between wills and the Property (Relationships) Act 1976 is vital in blended families. Many couples have contracting out agreements (often referred to as “prenups” or “relationship property agreements”) which set out how their property will be divided if they separate or when they pass away. Property covered by these agreements are dealt with before your share is divided between your loved ones through your Will. When preparing a Will, it is important that it works properly with any prenup or contracting out agreement to ensure your wishes are carried out, and to avoid unintended conflict or a potential claim against your Estate.
A well-drafted and considered Will is one of the most important documents you can have to ensure your wishes are respected and your loved ones are cared for after your passing. At Cooney Lees Morgan, we specialise in helping clients navigate these complexities to ensure their affairs are in order. We encourage you to contact us to review or create your Will to ensure it reflects your current circumstances and intentions.
