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Trust & Will's 2026 Estate Planning Report

The Trust & Will team released its 2026 Estate Planning Report, emphasizing the crucial state of legacy planning in America. Conducted between January 28 and February 5, the report surveyed around 5,000 U.S. adults, making it the most extensive annual study on this subject to date. The findings reveal a persistent determination among Americans regarding their estate plans, along with an increasing embrace of artificial intelligence in the process.

Key Findings on Estate Planning

The survey discovered that 56% of Americans do not have any estate planning documents, including wills, trusts, or medical powers of attorney. This rate remains consistent with previous years, even though awareness has grown. Although many recognize the importance of estate planning—73% of respondents affirm it is crucial to them—embarking on the actual process remains stagnant.

Additionally, there is a notable discrepancy between generations. Gen X is particularly underserved, with 62% lacking any estate planning documents. Such a situation raises eyebrows, especially considering this demographic's financial complexities, from career challenges to retirement considerations.

Financial Anxiety Persists

Financial anxiety is prevalent across the board. A substantial percentage, around 45%, report being more financially anxious than a year ago. While there might be a slight reduction in concerns, a significant decline in financial optimism has been noted, leaving many to grapple with consistent worries.

The Shift Towards AI Trust

Perhaps the most striking evolution documented is the shift in attitudes towards artificial intelligence within estate planning. Trust in AI has surged from 20% in 2025 to 30% in 2026, showcasing a shift in perception regarding its role in estate planning. Interestingly, Gen Z seems most receptive; 46% of this generation places their trust in AI more than human attorneys concerning estate planning.

Among the respondents, it's notable that less than 5% would create an estate plan through AI without any human oversight. The majority still desire attorney involvement, indicating a clear preference towards hybrid models blending AI efficiency with professional expertise.

Changing Definitions of Legacy

The concept of legacy is also evolving. When asked about the most meaningful things they wish to pass on, over 41% of the participants highlighted the value of memories and relationships, surpassing financial assets and property at 22% each. This shift showcases a deeper understanding of what constitutes a legacy beyond just material wealth.

Conversations Around Estate Planning

Another concerning trend is the lack of conversations surrounding end-of-life wishes. Approximately 27% of Americans have never broached this topic with their loved ones—indicative of the broader cultural gaps in discussing legacy and planning. This is problematic as 42% admit they would have no idea what steps to take if a family member were to pass away. Clear plans and difficult conversations are essential for preparedness.

Digital and Pet Estate Planning

Interestingly, digital estate planning is fast gaining recognition, with 48% of Americans lacking instructions for any digital accounts after death. Furthermore, a surprising 68% believe pets should be included in estate planning discussions, a figure that further aligns with modern values especially among younger generations.

Serious unmarried couples also face high risks, as 68% lack estate planning documents. Without formal documentation, their partners have no legal authority in emergencies, making proactive steps essential.

To sum up, the 2026 Estate Planning Report by Trust & Will shines a light on the crucial gaps in legacy planning while also revealing the rapid adaptation of technology and changing perceptions of what constitutes a meaningful legacy. The growing importance and acceptance of AI tools highlight a future where technology and human expertise collaborate for comprehensive estate planning solutions.

For further insights, you may access the complete report at trustandwill.com.