Many married couples assume they don’t need a Will, believing everything will automatically pass to their spouse. In reality, this isn’t always the case. Without a Will, strict intestacy rules apply, which may not reflect your wishes or protect your family as you expect. This guide explains why having a Will is still essential if you’re married, how it protects your loved ones, and how thoughtful planning can give lasting peace of mind.

Many want to protect their home from care fees, but the wrong steps can trigger deprivation of assets rules — undoing your plans. Beware advisers selling expensive Trusts on the promise of protection; these can cause tax issues, block equity release, and tie you to costly trustees. Early, legal planning with tools like Protective Property Trust Wills can protect assets without the risks.

Many believe the 7-year rule wipes out Inheritance Tax on gifts, but if you still benefit from what you’ve given away, HMRC may treat it as though you never gave it up. This is called a Gift with Reservation of Benefit (GWR). Common traps include giving your home to children or putting it into a trust but continuing to live there rent-free. GWR rules can lead to unexpected tax bills and other risks — get advice before making large gifts.

Mirror Wills are simple and flexible, allowing couples to leave everything to each other, then to children—but they can be changed after one partner dies. Mutual Wills are legally binding but too rigid for most families. For couples worried about sideways disinheritance or care fees, a Protective Property Trust in a Mirror Will offers the best of both worlds—protecting your loved ones while giving your partner security and flexibility.

Liam Payne died without a Will, meaning his young son Bear will inherit everything under a Bereaved Minor’s Trust — with ex-partner Cheryl Cole likely acting as Trustee. This trust holds the estate until Bear turns 18, when he’ll receive it all outright, regardless of readiness. It’s a stark reminder of why making a Will matters — to control who inherits, when, and how. Don’t leave it to chance — plan properly to protect your loved ones.

If you leave money to someone on benefits, it could jeopardise their entitlement to Universal Credit or other support. Trusts for disabled or vulnerable beneficiaries offer a safe, legal way to protect both the inheritance and their access to means-tested benefits. This blog explains how Trusts work, the risks of direct gifts or informal arrangements, and how to ensure your loved one is properly looked after — now and in the future.

Worried about care home fees? Protect your home & savings legally with Toucan Law. Call today for expert estate planning advice!

Protect your legacy with a Trust and a Will. Secure your assets, minimise tax, and provide for loved ones. Start planning with Toucan Law

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