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Experts' Opinions on Overhauling Estate Planning in 2026

estate planning and elder law firm
December 25, 2025 • | Curran Estate & Elder Law, PLLC
Estate planning professionals agree that the upcoming 2026 changes create an opportunity for thoughtful updates rather than urgent or drastic overhauls.

As 2026 approaches, estate planning advisors are focusing attention on the One Big Beautiful Bill Act (OBBBA) and its impact on wealth transfer strategies. The law raises the federal estate, gift, and generation-skipping transfer tax exemption to $15 million per person, indexed for inflation. While some estate plans might need a complete overhaul to make the most of this, more minor updates may also be viable.

Understanding what the 2026 Changes Mean

With a permanently higher exemption, families can approach planning with greater confidence. Advisors emphasize that the gift tax is not sunsetting in 2026 and the increased exemption offers more generous opportunities for tax-efficient transfers. This means people can make lifetime gifts or fund trusts based on thoughtful intentions rather than fear of losing limited tax benefits.

When Older Plans Should Be Reviewed

Many older estate plans rely on structures that were initially designed for much lower exemption amounts. Credit shelter trusts and formulas that once minimized taxes may now produce unintended outcomes. Advisors suggest reviewing these plans to determine whether they still reflect your goals. The emphasis is on evaluation, not automatic replacement, since many existing trusts continue to offer asset protection, control, or long-term legacy benefits.

Good Estate Plan Revision Strategies for 2026

Advisors recommend focusing on aligning your intentions with the legal tools you use. To support long-term flexibility, modern trust language may include powers that allow future changes without court intervention. These updates help ensure that estate plans remain workable if family needs or tax laws evolve.

A few strategies stand out:

  • Updating trust provisions to allow for modifications when circumstances change
  • Revisiting lifetime gifting strategies now that the exemption is more generous
  • Evaluating whether existing trusts still support your long-term distribution goals

A Second Look at Lifetime Gifting

The increased exemption opens the door for expanded intentional gifting. Advisors note that families can now pursue specific planning opportunities without needing to prioritize urgency. Examples include:

  • Funding irrevocable trusts for children or grandchildren
  • Supporting charitable initiatives in a structured, tax-aware manner
  • Equalizing inheritances in blended or complex family situations

These strategies are most effective when coordinated with an attorney who can help match the gift's structure to your overall estate plan.

Estate Planning Built around Priorities

Estate planning professionals agree that 2026 should be viewed as a chance to refine and strengthen your plan. The focus is on clarity, customization and long-term stability. By reviewing documents with experienced counsel, individuals can make targeted updates that enhance flexibility and ensure that every part of the plan reflects their current values and intentions. Thinking ahead now helps secure a legacy that will adapt to the future rather than being limited by the past.

Key Takeaways

  • The OBBBA raises the federal exemption to fifteen million dollars per person in 2026.
  • The gift tax is not sunsetting, and planning opportunities will expand under the new law.
  • Experts recommend reviewing older plans for relevance rather than discarding them.
  • Flexibility in trust language helps future generations adjust to changing needs.

Reference: WealthManagement.com (Nov. 11, 2025) "Talking T and E for Advisors: Overhauling Older Estate Plans After the OBBBA"

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