12/06/2026
This is a long read but an important one.
After years of working with clienrs nd reviewing countless estate plans, I've noticed a pattern
Most of us genuinely want to do the right thing for their clients.
Estate planning is where the real value of advice is often revealed.
Here are 5 of the most commonly overlooked estate planning considerations I encounter:
1. Marital Regime Matters More Than You Think
Too often, estate liquidity calculations are done only on the client sitting in front of the advisor.
But what happens when the client is married in community of property?
You are dealing with a joint estate, not an individual estate. Ignoring the spouse's assets, liabilities, and estate costs can result in significant shortfalls when the first spouse passes away.
2. The Cash Flow Problem Nobody Talks About
Many clients are never told that bank accounts can become inaccessible after death and that cash flow becomes a very real problem for surviving family members.
As advisors, we need to ask better questions and help clients structure accessible liquidity outside of the deceased estate where appropriate.
A technically sound estate plan can still fail if the family cannot access money when they need it most.
3. Guardianship Is More Complex Than Most People Realise
Parents often assume they can simply nominate a guardian in their Will and the matter is settled.
Reality is more complicated.
For example, if a divorced father nominates his brother as guardian in his Will, but the biological mother is still alive and retains parental rights, her claim will generally take precedence.
Clients deserve to understand the difference between what they wish to happen and what the law is likely to allow.
4. Family Dynamics Can Destroy the Best Estate Plan
One of the biggest mistakes in estate planning is assuming that equal means fair.
A common example is parents leaving a property to three children in equal shares.
Sounds simple.
Until one child wants to keep it, another wants to sell it, and the third needs immediate cash.
Estate planning is not just about assets and taxes. It's about people, relationships, personalities, and future decision-making.
Ignoring family dynamics today often creates family conflict tomorrow.
5. Beneficiary Nominations Are Not Administrative Forms
This is probably the most concerning issue I encounter.
Too many beneficiary nominations are completed without understanding the consequences.
Whether benefits are paid to a spouse, child, estate, trust, or another beneficiary can have a significant impact on estate liquidity, executor's fees, administration, estate duty tax and the overall outcome for the family.
And in my view, nominating minor children directly as beneficiaries on a life policy is one of the most dangerous mistakes that can be made without proper planning.
Estate planning is not about selling a product.
It's about understanding how every decision affects the family left behind.
The best advisors don't just help clients build wealth.
They help ensure that wealth creates certainty, dignity, and stability when it matters most.
Contact me today on [email protected] if this resonates with you.
