Every question is a good question.

Yes. Even if you don’t own property, a Will ensures your money, personal belongings, and digital assets are passed on according to your wishes. It also allows you to appoint guardians for your children and helps prevent legal complications or disputes for your loved ones.

At Toucan Law, we help you create a Will that reflects your full estate – not just property – so nothing is left to chance.

If you die without a valid Will, your estate is distributed under the UK’s intestacy rules – laws that often fail to reflect modern family structures or your personal wishes.

Key risks of not having a Will include:

• Unmarried partners receive nothing – Only spouses or civil partners inherit.
• Stepchildren are excluded – Only biological or legally adopted children are recognised.
• Your spouse may not inherit everything – If you have children, your estate is split.
• Assets may go to distant relatives or the Crown (the Government) – If no close relatives exist.
• A court-appointed administrator – Someone you wouldn’t choose could handle your estate.

At Toucan Law, our Will and estate planning team ensures your wishes are legally protected, your loved ones are looked after, and your estate avoids unnecessary complications.

Not always. Without a valid Will, your partner may not inherit anything – even if you’ve been together for years or own a home jointly.

Married Couples & Civil Partners

Your spouse or civil partner doesn’t automatically inherit your entire estate unless:

• Your estate is worth £322,000 or less, and
• You have no children or other descendants

If your estate is worth more and you have children, your spouse will receive:

• The first £322,000
• Half of the remaining estate (the other half goes to your children)

This could leave your partner without full financial support.

Unmarried Partners

If you’re not married or in a civil partnership, your partner has no legal right to inherit under the UK’s intestacy rules – regardless of how long you've been together.

How to Protect Your Partner

To make sure your partner inherits according to your wishes, consider:

• Making a Will – the only legal way to control who inherits what
• Owning property as joint tenants – your partner will automatically inherit your share
• Using a Protective Property Trust – ensures your partner can stay in the home while safeguarding inheritance for children

At Toucan Law, we help couples secure their future through clear, legally binding Wills and estate planning solutions.

A Mirror Will is a pair of almost identical Wills made by couples, typically leaving everything to each other, and then to children or chosen beneficiaries. Each Will is a separate legal document, meaning changes to one won’t automatically update the other.

At Toucan Law, we guide couples through creating Mirror Wills that reflect their shared wishes while ensuring long-term protection for their loved ones.

At Toucan Law, we make the process of writing your Will straightforward and stress-free:

• Initial Consultation – Meet with our experienced legal team (in person, by phone, or video) to discuss your wishes.
• Will Drafting – We’ll create a bespoke Will based on your instructions and send you a draft for review.
• Review & Amendments – You can request changes, and we’ll revise your Will until it’s exactly right.
• Signing Appointment – We guide you through the signing process to ensure your Will is legally valid.
• Free Will Storage (Optional) – We offer secure, free storage and can provide copies for you and your executors.

With Toucan Law’s Will writing service, you’ll have expert guidance at every stage – giving you clarity, control, and peace of mind.

At Toucan Law, most Wills are completed within 2–3 weeks, depending on how quickly you review your draft.

Here’s a typical timeline:

• Initial Meeting – Scheduled at your convenience
• Drafting – Your Will is usually prepared within 5–7 working days
• Review & Amendments – Any requested changes are made promptly
• Signing Meeting – Arranged as soon as you approve the final draft

Need it sooner? Let us know – we offer urgent Will writing services when required.

Yes, it’s important to review your Will regularly to ensure it still reflects your wishes and circumstances. While we draft Wills to be as future-proof as possible, life events can change your intentions.

You should update your Will if any of the following occur:

• Marriage or Civil Partnership – In England & Wales, this revokes your existing Will unless it was made in contemplation of marriage.
• Divorce or Separation – A divorce removes your ex-spouse from your Will, but it’s still best to update it to reflect new wishes.
• Birth of a Child or Grandchild – You may want to include new family members as beneficiaries or appoint guardians.
• Buying or Selling Property – If your assets change significantly, your Will may need adjusting.
• Changes to Beneficiaries or Executors – If a named beneficiary, executor, or trustee has passed away or your relationship with them has changed, your Will should be updated.
• Tax or Legal Changes – Inheritance Tax laws and other legal considerations can affect your estate planning.

As a general rule, we recommend reviewing your Will every 3–5 years or sooner if a significant event occurs. If you’re unsure whether your Will needs updating, we’re happy to review it for you.

When you create a new Will, it automatically cancels (revokes) any previous Wills. This ensures that only your most recent Will is valid and will be followed when you pass away. It’s important to destroy any old copies to avoid confusion.

Once your Will is signed and legally valid, it’s essential to store it safely so that your executors can access it when needed. Losing a Will or failing to store it correctly could result in unnecessary delays or even disputes.

Best Places to Store Your Will:

• A Professional Will Storage Service – Many legal firms, including Toucan Law, offer secure, fireproof, and insured storage. This ensures your Will is protected and easily accessible when needed.
• With Your Solicitor or Will Writer – If you’ve had your Will professionally drafted, your solicitor may offer to store it for you.
• At Home in a Safe Place – If you choose to store your Will at home, use a fireproof and waterproof safe and ensure your executors know where to find it. Avoid hiding it in places that could be overlooked.
• The Probate Registry (England & Wales) – You can officially register and store your Will with the Probate Service for a small fee.
• With Your Bank (Caution Advised) – Some banks offer Will storage, but retrieving it after death can be complicated, especially if it is stored in a safety deposit box that cannot be accessed without probate.

Where NOT to Store Your Will:

• In a bank’s safety deposit box – Executors may not be able to access it until probate is granted, but probate can’t be obtained without the Will!
• Hidden or in an unlabelled envelope – If your executors don’t know where your Will is, it may be presumed lost.
• With your beneficiaries – To avoid disputes, it’s best that only your executors (not beneficiaries) know where it is kept.

Do I Need to Tell Anyone Where My Will Is?

Yes! Your executors must know where your original Will is stored. Without the original document, your estate may face delays, additional legal costs, or even be distributed according to intestacy rules if the Will cannot be found.

At Toucan Law, we offer FREE secure Will storage for our clients, giving you peace of mind that your Will is safe and accessible when needed. Let us know if you'd like to arrange storage for your Will.

Yes, you can write your own Will, but there are risks if it is not drafted correctly. A Will must meet strict legal requirements to be valid, and any mistakes could cause confusion, delays, or even result in your wishes not being carried out.

Some key risks of a DIY Will include:

• Incorrect wording – If your Will is not clearly drafted, it may be open to misinterpretation or even become invalid.
• Failure to meet legal formalities – A Will must be properly signed and witnessed; if not, it won’t be legally valid.
• Unintended tax consequences – Poorly drafted Wills can result in unexpected Inheritance Tax (IHT) liabilities, meaning your beneficiaries could end up paying more tax than necessary.
• Excluding key assets or beneficiaries – You may unintentionally leave out important assets or fail to provide for loved ones as you intended.
• Family disputes – A vague or poorly written Will increases the risk of disagreements, which could lead to costly legal battles.

Paying less than a couple of hundred pounds is a small price to pay for peace of mind, ensuring your Will is legally sound and your loved ones are properly provided for. A professionally drafted Will can help avoid costly mistakes and unnecessary stress for your family. If you’d like expert guidance, we’re here to help.

Choosing the right executor is important, as they will be responsible for managing your estate, ensuring your debts and taxes are paid, and distributing your assets according to your Will. When selecting an executor, consider the following:

Key Qualities to Look For

• Trustworthiness – Your executor will have access to your financial affairs, so choose someone you can rely on.
• Organisational skills – Handling an estate can be complex, requiring good record-keeping and attention to detail.
• Impartiality – If family dynamics are complicated, an executor who is neutral can help prevent disputes.
• Availability – The role of an executor can take months or even years, so choose someone who has the time and willingness to act.

Who Can Be an Executor?

• Family members or friends – Many people appoint a spouse, child, or close friend, but consider whether they have the time and ability to manage the role.
• Professional executors – A solicitor, accountant, or Will-writing professional can act as an executor, particularly for complex estates or where impartiality is needed.
• More than one executor – You can appoint up to four executors, though two is usually sufficient. They can act together or reserve the role if needed.

Other Considerations

• Age and Health – Ensure your executor is likely to outlive you and be in a position to act.
• Location – Executors based overseas may face additional challenges, so a UK-based executor is usually preferable.
• Backup Executors – Naming a substitute executor ensures someone can step in if your first choice is unable or unwilling to act.

If you’re unsure who to appoint, we can discuss your options and help you make the best decision for your circumstances.

Yes, you can exclude someone from your Will, but they may still have a right to challenge it. If you plan to exclude a close family member, seeking legal advice and stating your reasons clearly in a Letter of Wishes can help defend against claims.

Yes, Wills can be challenged under the Inheritance (Provision for Family and Dependants) Act 1975, especially if someone feels they have not been adequately provided for. To reduce the risk of disputes, clear wording and professional advice are recommended.

Estate planning is the process of organising your financial and personal affairs to ensure your assets are protected, distributed according to your wishes, and managed efficiently if you pass away or become incapacitated. It typically includes making a Will, setting up Trusts, planning for Inheritance Tax (IHT), and arranging Lasting Powers of Attorney (LPAs).

Estate planning ensures:

• Your assets go to your chosen beneficiaries (not just next of kin).
• You minimise Inheritance Tax (IHT) where possible.
• Your estate is distributed efficiently and legally, avoiding unnecessary costs or delays.
• Your loved ones are protected from disputes and unexpected legal issues.
• Plans are in place if you lose capacity and need someone to make financial or healthcare decisions for you.

The best time to start is now—regardless of age or wealth. Estate planning is not just for the elderly or wealthy; it ensures your family is protected, your wishes are followed, and your affairs are in order in case of unexpected events.

A comprehensive estate plan usually includes: A Will to outline how your assets should be distributed. Lasting Powers of Attorney (LPAs) to appoint trusted individuals to make financial and health decisions if you become incapacitated. Trusts to protect assets for children, vulnerable beneficiaries, or for tax planning. A Letter of Wishes to provide guidance to executors or trustees on your personal wishes. Inheritance Tax (IHT) Planning strategies to reduce tax liability on your estate.

Yes, you can! Here are some options: Protective Property Trusts can ensure your share of the home isn’t counted in means-tested care fees. Gifting assets, if done correctly, can also help, but they must be genuine gifts. Lifetime Trusts may be beneficial too, but they need to be set up properly to avoid legal issues. We can guide you through these options to ensure your estate is protected while staying within legal and tax rules.

Inheritance Tax is 40% on estates over the tax-free threshold (£325,000, plus potential Residence Nil Rate Band). Some ways to reduce IHT include:

• Making gifts during your lifetime (using annual allowances).
• Setting up Trusts to manage and protect assets.
• Leaving 10% or more to charity (reducing IHT to 36%).
• Using business or agricultural property reliefs.

Proper planning with an estate planning specialist can help minimise tax liabilities.

The Residence Nil Rate Band (RNRB) is an additional £175,000 tax-free allowance (on top of the standard £325,000) if you leave your home to direct descendants (children or grandchildren). This means a couple can pass up to £1 million tax-free with the right planning.

Gifting assets during your lifetime can be a good way to reduce IHT, but there are rules:

• Gifts made more than 7 years before death are usually exempt.
• You can give £3,000 per year tax-free (annual exemption).
• Gifts to spouses/civil partners and charities are always tax-free.

Trusts may be a better option if you want some control over how assets are used after gifting.

Yes! A Will is a key part of estate planning. Even if you have Trusts or other arrangements, your Will ensures that any remaining assets are distributed correctly. Without a Will, the Intestacy Rules will decide who inherits your estate.

To safeguard your loved ones and assets from legal disputes and challenges, it’s crucial to have a clear, well-structured Estate Plan that reflects your wishes and minimises the risk of conflict. Here are some key steps to take:

1. Make a Legally Sound Will

• A properly drafted Will ensures your assets are distributed exactly as you intend.
• Using a professional, such as Toucan Law, helps avoid errors that could make your Will invalid or open to challenges.

2. Consider Trusts for Added Protection

• Will Trusts (e.g., Protective Property Trusts or Discretionary Trusts) can help protect assets from disputes, care fees, or remarriage after your death.
• A Trust can control how and when beneficiaries receive their inheritance, reducing risks such as reckless spending, divorce settlements, or creditors claiming against an estate.

3. Communicate Your Wishes Clearly

• Discussing your plans with family members can prevent misunderstandings and reduce the likelihood of disputes.
• A Letter of Wishes can accompany your Will, explaining your reasons for key decisions (e.g., excluding someone from your Will).

4. Appoint the Right Executors and Trustees

• Choose responsible, impartial executors who can manage your estate fairly and efficiently.
• Consider appointing a professional executor if family dynamics are complex or disputes are likely.

5. Plan for Incapacity with Lasting Powers of Attorney (LPAs)

• Setting up LPAs ensures that trusted individuals can manage your finances and healthcare decisions if you become unable to do so.
• Without an LPA, the Court may appoint someone to manage your affairs, which could cause delays and extra costs.

6. Regularly Review and Update Your Plan

• Life changes (e.g., marriage, divorce, births, or significant financial changes) may affect your Estate Plan.
• Review your Will every 3–5 years to ensure it remains up to date.

7. Minimise the Risk of Inheritance Act Claims

• The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to challenge a Will if they feel they haven’t been adequately provided for.
• Careful planning, including lifetime gifts, Trusts, and clear explanations in a Letter of Wishes, can help prevent successful claims.

8. Seek Expert Estate Planning Advice

• Working with an experienced Estate Planning specialist, such as Toucan Law, ensures that your plan is legally sound, tax-efficient, and designed to prevent disputes.
• A well-structured Estate Plan provides peace of mind that your loved ones will be protected and your wishes will be respected.

If you’re unsure whether your current plan is secure, we can help review and strengthen it to reduce risks and protect your family’s future.

Digital assets include:

• Financial Accounts – Online banking, cryptocurrency, PayPal, investment platforms.
• Social Media & Email – Facebook, Instagram, LinkedIn, personal and business email accounts.
• Online Subscriptions – Streaming services (Netflix, Spotify), cloud storage (Google Drive, iCloud, Dropbox).
• Intellectual Property – Blogs, websites, e-books, digital art, NFTs, domain names.
• Loyalty Points & Rewards – Air miles, credit card reward points, store accounts.

Yes! Digital assets are an increasingly important part of estate planning, and it’s essential to ensure they are properly managed after your death.

How to Include Digital Assets in Your Estate Plan

• ✓Make a Digital Assets Inventory

List all of your digital accounts and assets, including login details (where legally permitted).

• ✓Decide Who Will Manage Your Digital Assets

• Appoint a Digital Executor – Someone responsible for handling your online accounts and digital property.
• Your chosen executor may need instructions on whether to close, transfer, or memorialise social media accounts.

• ✓Include Digital Assets in Your Will or Letter of Wishes

• Specify who should inherit or manage certain digital assets (e.g., cryptocurrency, intellectual property, domain names).
• DO NOT include passwords in your Will (as it becomes a public document after probate). Instead, use a secure password manager or provide instructions in a separate Letter of Wishes.

• ✓Check Online Account Policies

• Some platforms allow legacy contacts or account transfers (e.g., Facebook's Memorialisation settings, Google’s Inactive Account Manager).
• Cryptocurrencies require special handling—if your private key is lost, the assets are unrecoverable.

Why Is Planning for Digital Assets Important?

• Prevents loss of valuable or sentimental assets.
• Reduces the risk of identity theft or hacking after death.
• Ensures your wishes are respected regarding social media and intellectual property.

If you need help ensuring your digital legacy is protected, Toucan Law can guide you through adding digital assets to your estate plan.

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint a trusted person (known as an attorney) to make decisions on your behalf if you become unable to do so due to mental or physical incapacity.

There are two types of LPA:

• Property & Financial Affairs LPA – Allows your attorney to manage your bank accounts, pay bills, sell property, and handle other financial matters.
• Health & Welfare LPA – Enables your attorney to make medical decisions, choose care arrangements, and even decide on life-sustaining treatment.

Why is an LPA important?

• Prevents court involvement – Without an LPA, your loved ones would need to apply to the Court of Protection to take control of your affairs, which is costly and time-consuming.
• Gives you control – You choose who makes decisions for you, rather than leaving it to the courts to decide.
• Ensures your wishes are followed – Your attorney must act in your best interests and follow any preferences you outline in the LPA.
• Avoids financial complications – Without an LPA, even your spouse or children cannot access your finances or sell your home if needed.
• Peace of mind – Knowing your affairs will be managed by someone you trust provides reassurance for you and your family.

LPAs are not just for the elderly—accidents, illness, or sudden incapacity can happen at any age. Setting up an LPA now ensures you are protected for the future. If you’d like expert guidance on making an LPA, Toucan Law can help.

Many clients choose to set up Lasting Powers of Attorney (LPAs) alongside their Will to ensure trusted individuals can make decisions on their behalf if needed.

During your initial consultation, we can discuss your options and explain how LPAs work. If you decide to proceed, we can draft your LPAs alongside your Will to ensure your estate planning is comprehensive.

There are two types of LPA:

• Property & Financial Affairs LPA – Allows your chosen attorneys to manage your finances and property if you become unable to do so.
• Health & Welfare LPA – Enables your attorneys to make healthcare and personal welfare decisions on your behalf.

If you’d like to include LPAs with your Will, simply let us know during your appointment, and we’ll guide you through the process.

An Advance Directive (Living Will) is a legal document that allows you to set out your wishes regarding medical treatment and end-of-life care in case you lose the ability to communicate or make decisions for yourself. While it is not a replacement for a Lasting Power of Attorney (LPA) for Health & Welfare, it can work alongside one to ensure your wishes are respected.

Why Might I Need an Advance Directive?

• ✓You want control over life-sustaining treatment – It allows you to refuse certain medical treatments (e.g., CPR, ventilation, or artificial feeding) if you do not wish to receive them.
• ✓It removes uncertainty for loved ones – Your family won’t have to make difficult medical decisions on your behalf without knowing your wishes.
• ✓It ensures your wishes are legally binding – Unlike a Letter of Wishes, an Advance Directive is a legally enforceable document under UK law.
• ✓You don’t want to burden family members – Some people prefer to make their own end-of-life decisions rather than leave it to loved ones.

How Does an Advance Directive Differ from an LPA for Health & Welfare?

• An LPA for Health & Welfare allows your attorney to make medical decisions for you, including life-sustaining treatment, but only if you have lost mental capacity.
• An Advance Directive specifically outlines which treatments you wish to refuse in advance.
• If you have both documents, your LPA takes priority if it was made after the Advance Directive and gives your attorney the power to decide on treatment.

What Should Be Included in an Advance Directive?

• Specific medical treatments you wish to refuse (e.g., resuscitation, artificial hydration/nutrition, ventilation).
• Conditions under which you want to refuse treatment (e.g., if you are in a coma or have a terminal illness with no chance of recovery).
• Confirmation that you understand the consequences of refusing treatment.

Do I Need One?

If you have strong feelings about end-of-life care, it may be worth having an Advance Directive. However, if you already have an LPA for Health & Welfare, your attorney can make these decisions for you. It’s important to ensure both documents work together, not against each other.

If you're unsure whether an Advance Directive is right for you, Toucan Law can provide expert advice and help you put the right documents in place.

You can appoint anyone you trust to act as your attorney in a Lasting Power of Attorney (LPA), including:

• Family members (e.g., spouse, adult children, siblings).
• Close friends who understand your wishes.
• Professional advisers, such as a solicitor or accountant.

Key Considerations When Choosing an Attorney

• Trustworthiness – Your attorney will have significant control over your affairs, so choose someone reliable and responsible.
• Understanding of your wishes – They should respect and be willing to follow your preferences.
• Availability & Willingness – Being an attorney can be a long-term responsibility, so ensure they are happy to take on the role.
• Financial competence (for Property & Financial Affairs LPA) – Managing finances requires good decision-making and organisation skills.

Appointing More Than One Attorney

You can appoint multiple attorneys and decide how they should act:

• Jointly – Attorneys must make all decisions together (useful for checks and balances, but can cause delays).
• Jointly and Severally – Attorneys can act independently or together, making the LPA more flexible.
• For different roles – You can appoint one person to manage finances and another for healthcare decisions.

Yes, you can! You can appoint replacement attorneys who will step in if your first-choice attorney is unable or unwilling to act. Choosing the right attorney is crucial to ensure your affairs are managed smoothly. If you need help setting up a Lasting Power of Attorney (LPA), we can guide you to make the best decision for your situation.

You must create an LPA while you still have mental capacity—this means you must be able to understand the document and the implications of appointing an attorney at the time you sign it.

Why Should I Set Up an LPA Now?

• You never know what the future holds – Mental or physical incapacity can happen unexpectedly due to illness, accident, or age-related conditions.
• It’s too late once you lose capacity – If you become unable to make decisions and don’t have an LPA in place, your loved ones will need to apply to the Court of Protection for permission to manage your affairs, which is expensive, time-consuming, and stressful.
• It provides peace of mind – Knowing that a trusted person can step in to manage your finances or healthcare decisions if needed can reduce worry for you and your family.
• LPAs aren’t just for the elderly – Younger people can also face unexpected accidents, strokes, or illnesses that affect their ability to make decisions.

Don’t Wait Until It’s Too Late

Many people delay making an LPA, thinking they don’t need one until they’re older. However, once you lose mental capacity, it’s too late to create an LPA, and your loved ones will have to go through the courts to gain control over your affairs.

The best time to make an LPA is now—while you still have capacity and before you actually need it. If you need guidance on setting up an LPA, Toucan Law is here to help.

If you don’t have an LPA and you become unable to make decisions due to illness, accident, or dementia, your loved ones cannot automatically take control of your affairs. They may need to apply for a deputyship order through the Court of Protection, which can be lengthy, costly, and out of your control. Without an LPA, family members cannot access your bank accounts, make decisions about your property, sell your home if needed, or make medical decisions on your behalf. This can cause delays and family disputes. An LPA ensures someone you trust can manage your affairs without court intervention, giving you control and peace of mind. If you don’t have an LPA, now is the time to act. We can guide you through the process quickly and easily.

Yes, a Lasting Power of Attorney (LPA) must be registered with the Office of the Public Guardian (OPG) before it can be used.

Key Points About LPA Registration:

• ✓LPAs must be registered before they are legally valid – Your attorneys cannot act on your behalf until the OPG has approved and registered the document.
• ✓It can take up to 20 weeks – The OPG registration process usually takes up to 20 weeks, so it’s best to apply as soon as possible.
• ✓You can register an LPA while you still have capacity – You don’t have to wait until you need it; registering early ensures it’s ready to use when required.
• ✓If not registered, your attorneys will have no authority – If you become incapacitated and your LPA is not registered, your loved ones may need to apply for a costly and time-consuming deputyship order instead.
• ✓Both types of LPA must be registered separately – If you are setting up both a Property & Financial Affairs LPA and a Health & Welfare LPA, each one needs to be registered with the OPG.

When Should I Register My LPA?

• As soon as possible – Since registration takes months, it’s best to apply once the LPA is signed to avoid delays if you ever need to use it.
• If you delay registration – The LPA must still be registered before use, which could cause problems if urgent decisions need to be made.

How Do I Register My LPA?

The registration process involves:

• Completing the LPA forms and signing them correctly.
• Notifying people (if applicable) – You can name people to be informed before registration.
• Sending the LPA to the OPG along with the registration fee (£82 per LPA) (fee reductions may apply in certain cases).
• Waiting for approval – The OPG checks the document and, if correct, registers it.

What Happens After Registration?

Once registered:

• A Property & Financial Affairs LPA can be used immediately (if chosen) or only when you lose capacity.
• A Health & Welfare LPA can only be used when you lose capacity.

If you need help preparing or registering an LPA, Toucan Law can guide you through the process to ensure it is done correctly and without delays.

When setting up a Lasting Power of Attorney (LPA), you can include preferences and instructions to guide your attorneys on how to act in specific situations. This ensures they follow your wishes while still allowing flexibility where needed.

Preferences vs. Instructions

• Preferences – These are non-binding wishes that your attorneys should consider but do not have to follow strictly.
• Instructions – These are legally binding rules that your attorneys must follow.

Preferences to Consider

For Property & Financial Affairs LPA:

• ✓"I would like my attorney to consult with [specific person] before making major financial decisions."
• ✓"I prefer my property not to be sold unless necessary for my care."
• ✓"I would like my investments to be managed in an ethical or sustainable way."

For Health & Welfare LPA:

• ✓"I would like to stay in my own home for as long as possible before considering residential care."
• ✓"I prefer a certain type of medical treatment or care provider."
• ✓"I wish to follow a specific diet or lifestyle, such as vegetarian or religious dietary requirements."

Instructions to Consider

For Property & Financial Affairs LPA:

• !"My attorneys must keep my accounts separate from their own and keep clear financial records."
• !"My attorneys must not sell my home unless two independent professionals confirm it is in my best interests."

For Health & Welfare LPA:

• !"My attorneys must follow my written Advance Decision (Living Will) regarding life-sustaining treatment."
• !"My attorneys must ensure I receive care in line with my religious or cultural beliefs."

Things to Avoid

• ✗Overly restrictive instructions – If they limit your attorneys too much, they may need to apply to the Court of Protection for permission to act.
• ✗Vague wording – Be clear to avoid confusion or legal challenges.

If you’re unsure what to include, Toucan Law can help tailor your LPA to suit your needs while keeping it legally effective.

Yes, Enduring Powers of Attorney (EPAs) made before 1 October 2007 are still valid, but there are some important points to consider.

Key Differences Between an EPA and an LPA

Using an EPA

• ✓You can still use your EPA for managing property and financial affairs while you have mental capacity.
• ✓If you lose mental capacity, your attorneys must register the EPA with the Office of the Public Guardian (OPG) before they can continue using it.

• ✗An EPA does not cover health and welfare decisions—you would need a Health & Welfare LPA for this.

Should I Replace My EPA with an LPA?

• If you only have an EPA, it may be worth updating to a Property & Financial Affairs LPA to reflect current legal standards.
• If you want someone to make healthcare decisions for you, you need a Health & Welfare LPA, as an EPA does not cover this.
• LPAs offer more flexibility and legal protection, as well as the ability to include preferences and instructions.

If you're unsure whether to keep your EPA or update to an LPA, Toucan Law can advise on the best course of action for your situation.

Probate is often confused with Estate Administration, but they are not the same.

• Estate Administration is the overall process your Executor (or next of kin if you don’t have a Will) must follow to:

• ✓Sell or collect in your assets.
• ✓Pay off any debts, taxes, and expenses.
• ✓Distribute the inheritance to your beneficiaries.

• Probate (or Letters of Administration if there is no Will) is the legal process where the court grants your Executor legal authority to administer your estate.

• Probate is the legal process of obtaining a Grant of Probate (if there is a Will) or Letters of Administration (if there is no Will) from the court, giving the Personal Representative authority to deal with the estate.
• Estate Administration is the full process of gathering assets, paying debts, handling tax matters, and distributing inheritance, whether or not Probate is needed.

Not always. Whether you need Probate depends on several factors: the type and value of assets, how assets are owned, and the policies of financial institutions. Small estates and jointly owned assets may not require Probate. However, if the estate includes property not jointly owned, or if assets exceed certain thresholds, Probate is usually necessary. If you're unsure, we can help you determine if Probate is needed for your situation.

No, not all assets require Probate. Whether Probate is needed depends on how the assets are owned and their value.

When Probate is NOT Needed

• ✓Jointly Owned Assets – If an asset is held as joint tenants (e.g., a house or bank account), it automatically passes to the surviving owner without Probate.
• ✓Low-Value Bank Accounts – Many banks and financial institutions will release funds without Probate if the balance is below their threshold (typically between £5,000 and £50,000 depending on the institution).
• ✓Life Insurance & Pensions with a Named Beneficiary – If a policy or pension has a nominated beneficiary, it is paid directly to them outside of the estate and doesn’t require Probate.
• ✓Assets Held in Trust – If a property or investment is held in a Trust, the trustees can distribute it directly without needing Probate.

When Probate IS Needed

• ✓Solely Owned Property – If the deceased owned property in their sole name or as tenants in common, Probate is usually required before it can be sold or transferred.
• ✓High-Value Bank Accounts & Investments – If the deceased had large sums of money or shares held in their sole name, banks and investment firms may require a Grant of Probate to release funds.
• ✓Business Assets – If the deceased was a sole trader or had shares in a private company, Probate may be needed to transfer or sell the assets.
• ✓Inheritance Tax (IHT) is Payable – If IHT is due, the Probate Registry will require a Grant of Probate before the estate can be distributed.

How to Check if Probate is Required

• Contact financial institutions to ask whether they require Probate for fund release.
• Check property ownership – If property is held as tenants in common, Probate will likely be needed.
• Review estate value – Higher-value estates are more likely to need Probate.

If you’re unsure whether Probate is required, Toucan Law can assess the estate and guide you through the process.

The duration of the Probate process can vary depending on several factors, including the complexity of the estate, whether there are disputes, and the involvement of HMRC or the courts.

General Probate Timeline:

• 2–4 months – Preparing and submitting the application (gathering documents, valuing assets, and completing forms).
• 8–16 weeks – The Probate Registry processes the application and issues the Grant of Probate (or Letters of Administration if there is no Will).
• 6–12 months – Estate Administration: Selling assets, settling debts, paying any taxes, and distributing inheritances.

Factors That Can Affect the Timeline:

• ✓Simple Estates (4–6 months total)

• No property to sell.
• No Inheritance Tax (IHT) to pay.
• No disputes between beneficiaries.

• !Complex Estates (12+ months or longer)

• Property sales or foreign assets.
• Large estates requiring Inheritance Tax calculations and payments.
• Family disputes, missing beneficiaries, or challenges to the Will.
• Delays in processing from HMRC or the Probate Registry.

If you need urgent access to funds, some banks may release funds before Probate for funeral expenses or inheritance tax payments.

For a more detailed breakdown, Toucan Law can guide you through the Probate process and help speed up administration where possible.

A Personal Representative (PR) is the person responsible for administering the estate of someone who has passed away. The term Personal Representative applies to both:

• Executors – If the deceased left a valid Will, the executor(s) named in the Will act as the Personal Representative(s).
• Administrators – If there is no Will, or if the named executor cannot act, the court appoints an administrator under the Rules of Intestacy.

What Does a Personal Representative Do?

The Personal Representative’s main duties include:

• ✓Gathering assets – Identifying and securing property, bank accounts, pensions, and investments.
• ✓Applying for Probate (if required) – Obtaining a Grant of Probate (for executors) or Letters of Administration (for administrators).
• ✓Paying debts and taxes – Settling outstanding bills, loans, funeral costs, and Inheritance Tax (IHT).
• ✓Distributing the estate – Ensuring beneficiaries receive their inheritance according to the Will (or intestacy rules if no Will exists).
• ✓Handling legal and financial paperwork – Keeping accurate records, dealing with HMRC, and preparing estate accounts.

Who Can Be a Personal Representative?

• Executors named in a Will (if a Will exists).
• Close family members (if no Will exists, priority goes to the spouse, children, or other next of kin).
• A professional (e.g., a solicitor, accountant, or professional executor).

Can a Personal Representative Refuse the Role?

• ✓Yes. If the person appointed does not want to act, they can renounce the role before taking any action.
• ✓If multiple executors are named, some may reserve power and let others act.
• ✓If no one is willing to act, the court may appoint a professional administrator.

Why Is This Role Important?

A Personal Representative has legal responsibility for ensuring the estate is properly managed. Mistakes can lead to legal disputes, tax penalties, or personal financial liability, so seeking professional guidance can be beneficial.

If you need help acting as a Personal Representative, Toucan Law can assist with Probate and Estate Administration.

An executor is the person (or people) appointed in a Will to manage the estate and ensure the deceased’s wishes are carried out. This is a legal responsibility and can be complex, depending on the size and nature of the estate.

Key Duties of an Executor

• ✓Apply for Probate (if needed) – If the estate requires Probate, the executor must apply for a Grant of Probate from the court to gain legal authority to manage the estate.
• ✓Identify and secure assets – Locate all assets, such as bank accounts, property, investments, and personal possessions.
• ✓Notify relevant organisations – Inform banks, insurance companies, government agencies, and utility providers of the death.
• ✓Pay debts and taxes – Settle outstanding debts, funeral expenses, and any Inheritance Tax (IHT), Income Tax, or Capital Gains Tax due from the estate.
• ✓Distribute the estate – Once all liabilities are settled, distribute the remaining assets to the beneficiaries according to the Will.
• ✓Maintain accurate records – Keep detailed accounts of all transactions, including payments made and assets distributed.
• ✓Handle disputes – Manage any claims against the estate, such as disputes from disappointed beneficiaries or creditors.

• A family member or friend (often a spouse, child, or sibling).
• A professional executor (such as an Estate Planner, solicitor or accountant) for complex estates.
• You can appoint up to four executors, but only one needs to act at a time.

• ✓Yes! It is common for executors to also be beneficiaries of the Will.

An executor can:

• Renounce their role (if they have not yet started dealing with the estate).
• Appoint a solicitor or professional to assist with estate administration.
• Apply for power reserved if there are multiple executors, allowing the others to act.

Being an executor can be time-consuming and legally demanding. If you need help with the process, Toucan Law can assist with Probate and Estate Administration.

If you are unsure whether the deceased made a Will, there are several ways to check:

1. Check Their Personal Documents

• Look through their home, safe, or filing cabinets for a signed Will or any reference to one.
• Check for letters from solicitors or Will-writing services, as they may have stored it.
• See if they had a Will storage certificate from a legal or professional service.

2. Ask Close Family or Executors

• The deceased may have told their spouse, children, or other relatives where their Will is kept.
• If you know who they appointed as executor, they may already have a copy.

3. Contact Their Solicitor or Will Writer

• If the deceased had a solicitor, they may have stored the original Will on their behalf.
• Some Will-writing companies also offer free storage and can confirm if a Will exists.

4. Check the National Will Register

• The National Will Register (Certainty) is a database where solicitors and Will writers register Wills. A search may confirm if one exists and where it is stored.

5. Search the Probate Registry (After Death)

• If the person has already passed away, you can check with the UK Probate Registry.
• If a Grant of Probate has been issued, the Will becomes a public document, and you can apply for a copy.

6. Contact Local Banks or Safe Deposit Services

• Some people store Wills in a bank’s safe deposit box. However, access may require a court order if not prearranged.

What If No Will Is Found?

• If no Will is located, the estate will be handled under Intestacy Rules, which determine who inherits.
• If you need help checking for a Will or dealing with an estate where no Will exists, Toucan Law can assist.

If someone dies without making a Will, their estate is distributed according to the Rules of Intestacy—a set of legal rules that determine who inherits their assets.

Key Consequences of Dying Without a Will (Intestacy Rules)

Only Certain People Can Inherit

• The estate passes to close family members in a strict order.
• Unmarried partners (even if they lived together) get nothing under intestacy rules.
• Stepchildren do not inherit unless they were legally adopted.
• If no living relatives are found, the estate passes to the Crown (government).

Who Inherits Under the Intestacy Rules?

• If married (or in a civil partnership) with children → The spouse gets the first £322,000, plus half of the remaining estate. The children inherit the other half.
• If married (or in a civil partnership) without children → The spouse inherits everything.
• If unmarried with children → The estate is split equally between the children.
• If no spouse or children → The estate passes to parents, siblings, nieces/nephews, or more distant relatives in a set order.

No Chosen Executors

• Without a Will, no one has been appointed to administer the estate. Instead, a close relative must apply to become an administrator by obtaining Letters of Administration.

Delays & Additional Costs

• Without a Will, the estate may take longer to settle, as family members must apply for legal authority to manage it.
• There may be higher legal fees if disputes arise over who should inherit.

Risk of Family Disputes

• Family members who expected to inherit may be left out, leading to legal challenges.
• If an unmarried partner or stepchild was financially dependent on the deceased, they may need to go to court to claim financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.

How to Avoid These Issues

Making a Will ensures:

• ✓Your assets go to the people you choose (including unmarried partners, stepchildren, and charities).
• ✓You choose your executors rather than leaving it to the courts.
• ✓Faster and smoother estate administration, reducing stress for your loved ones.
• ✓Inheritance Tax planning can be incorporated to reduce tax liabilities.

If you need help dealing with an intestate estate or want to avoid these issues by making a Will, Toucan Law can guide you through the process.

What if there is no Will and no known family?

• If no family can be traced, the estate passes to the Crown under Bona Vacantia.
• A genealogy service can help find distant relatives who may have a claim.

• The Personal Representative must settle all debts before distributing the estate.
• If there are more debts than assets, the estate is insolvent, and a specific order of repayment must be followed.
• If creditors are not properly notified, the Personal Representative could be held personally liable for unpaid debts.

• The standard Inheritance Tax rate is 40% on estates over £325,000.
• The Residence Nil Rate Band (RNRB) may increase the threshold to £500,000 if the deceased left their home to direct descendants.
• There may be other exemptions and reliefs too.
• IHT must be paid within 6 months of the person’s death, before Probate is granted.

Not always. Options include:

• Transferring ownership to beneficiaries if they agree.
• Selling the property to distribute the proceeds among beneficiaries.
• Letting the property out if this aligns with the terms of the Will or agreement between beneficiaries.

• Simple estates – Typically 6–12 months.
• More complex estates – 12+ months, especially if there are property sales or tax issues.
• Claims against the estate – Beneficiaries should not be paid before 6 months from the Grant of Probate, as creditors or dependants may make a claim.

Can beneficiaries demand their inheritance early?

No. Executors must ensure all debts, taxes, and claims are settled before distributing the estate. Premature payments could result in personal liability for the executor.

A Will can be contested on several grounds, including:

• Lack of mental capacity – The person making the Will did not fully understand its implications.
• Undue influence – The deceased was pressured into making the Will.
• Incorrect execution – The Will was not signed and witnessed correctly.
• Lack of financial provision – Under the Inheritance (Provision for Family and Dependants) Act 1975, certain people can claim financial support if they were left out.

If a dispute arises, it can delay Probate and may require legal intervention or mediation.

What happens if the family disagrees over the estate?

• If there are disagreements, the Personal Representative should remain neutral.
• Mediation can help resolve disputes without court action.
• If conflicts escalate, legal intervention may be needed.

As a Personal Representative (executor or administrator), you have a legal duty to correctly administer the estate. If you make a mistake, you could be held personally liable, meaning you may have to correct errors or even pay for financial losses from your own money.

Common Mistakes That Could Lead to Liability

• ✗Distributing the estate too soon – If debts or taxes are missed, you could be responsible for repaying them.
• ✗Failing to identify all debts and liabilities – Creditors can make a claim later, even after distribution.
• ✗Incorrectly calculating Inheritance Tax (IHT) – Errors in tax payments could lead to penalties from HMRC.
• ✗Not following the Will or Intestacy Rules – Beneficiaries could take legal action if they don’t receive what they’re entitled to.
• ✗Mixing estate money with personal funds – This can cause confusion and legal issues.

How to Protect Yourself as a Personal Representative

• ✓Place Statutory Notices – Publish notices in The Gazette and local newspapers to alert creditors and protect yourself from unknown claims.
• ✓Open a Separate Estate Bank Account – Keep estate funds separate from your personal money to ensure transparency.
• ✓Get Professional Advice – If the estate is complex (e.g., has high value, overseas assets, disputed beneficiaries, or tax considerations), legal or financial guidance can help you avoid costly mistakes.
• ✓Keep Clear Records – Maintain detailed records of all transactions, payments, and decisions made during estate administration.
• ✓Wait Before Distributing the Estate – Allow time for any potential claims (usually a minimum of six months from the Grant of Probate).

Being a Personal Representative is a serious legal responsibility, and mistakes can be costly. If you are unsure or need help administering an estate, Toucan Law can provide expert guidance to ensure everything is handled correctly and reduce your risk of liability.

Yes, you can handle Probate yourself, and many people choose to do so. However, it’s essential to consider whether you are comfortable managing the legal, financial, and administrative responsibilities involved.

When You Might Handle Probate Yourself:

• ✓The estate is simple, with no property to sell and few assets.
• ✓There is a valid Will, and the beneficiaries are in agreement.
• ✓There are no disputes between family members.
• ✓The estate is under the Inheritance Tax threshold (£325,000 or £500,000 if the Residence Nil Rate Band applies).

When You Might Need Professional Help:

• !The estate is complex, with high-value assets, multiple properties, or business interests.
• !There are Inheritance Tax (IHT) liabilities, requiring accurate calculations and payments.
• !The Will is unclear or contested, or there are disputes between beneficiaries.
• !The deceased owned foreign assets, requiring additional legal processes.
• !You don’t have the time or confidence to handle legal paperwork and financial administration.

DIY Probate: Steps Involved

1. 01

   Value the estate – Identify assets, debts, and any tax obligations.

2. 02

   Complete Probate forms – Apply online or submit PA1A form.

3. 03

   Pay Inheritance Tax (if applicable) – Submit IHT forms to HMRC.

4. 04

   Apply for a Grant of Probate – Send documents to the Probate Registry.

5. 05

   Collect assets – Close bank accounts, transfer property, and settle debts.

6. 06

   Distribute the estate – Pay beneficiaries according to the Will or intestacy rules.

Peace of Mind with Professional Help

While DIY Probate can save money, errors can lead to delays, penalties, or personal liability if mistakes are made. If you prefer peace of mind and professional support, Toucan Law can guide you through the process or handle everything on your behalf.

A Trust is a legal arrangement where one party (the Trustee) holds and manages assets for the benefit of another party (the Beneficiary).

Unlike a Will, which only takes effect after death, a Trust can be created during your lifetime (Inter Vivos Trust) or upon death (via a Will Trust), providing ongoing control and protection of assets.

Trusts offer many advantages in estate planning, helping to protect and manage your assets during your lifetime and after your death. Some of the key benefits include:

1. Avoiding Probate

• ✓Assets held in a Trust do not go through Probate, meaning they can be distributed quickly and privately to beneficiaries without court delays.
• ✓Reduces legal costs associated with Probate.

2. Protecting Beneficiaries

• ✓Minor Children – A Trust ensures that children’s inheritance is managed until they reach a responsible age.
• ✓Vulnerable or Disabled Beneficiaries – Trusts can provide financial support without affecting means-tested benefits.
• ✓Protecting Beneficiaries from Divorce or Bankruptcy – Assets held in a Trust may be protected from legal claims.
• ✓Preventing Reckless Spending – If a beneficiary is not financially responsible, Trustees can control how and when they receive funds.

3. Asset Protection from Care Fees & Creditors

• ✓Certain Trusts, such as Asset Protection Trusts or Life Interest Trusts, can protect your home and assets from being used to pay for care fees or creditor claims.

4. Tax Planning & Inheritance Tax (IHT) Reduction

• ✓Trusts can be structured to reduce IHT liability, ensuring that more of your estate passes to your loved ones instead of HMRC.
• ✓Business & Agricultural Property Relief – Trusts can help maximise tax exemptions for business owners and landowners.

5. Control & Flexibility Over Asset Distribution

• ✓You set the rules – You decide who benefits from the Trust, when they receive assets, and under what conditions.
• ✓Protects Family Wealth – Ensures assets stay within the family and are not lost through remarriage or poor financial management.

6. Privacy

• ✓Unlike a Will, which becomes public after Probate, a Trust remains private—meaning details about your estate are not publicly available.

7. Planning for Incapacity

• ✓If you become mentally or physically unable to manage your affairs, a Trust allows your chosen Trustees to continue managing assets without court intervention.

8. Business Succession Planning

• ✓Trusts allow business owners to pass down shares in a structured way, ensuring business continuity.

A Trust is a legal arrangement where assets are placed under the control of trustees for the benefit of chosen beneficiaries. Trusts can:

• Protect assets from care fees, remarriage, or divorce claims.
• Reduce Inheritance Tax liabilities.
• Ensure vulnerable beneficiaries are looked after without affecting their benefits.

Trusts play a key role in estate planning, offering:

• ✓Asset Protection – Safeguarding wealth for future generations.
• ✓Inheritance Planning – Ensuring assets pass to intended beneficiaries (e.g., children from a previous marriage).
• ✓Control Over Distribution – Allowing assets to be released at certain ages or under specific conditions.
• ✓Reducing Inheritance Tax (IHT) – Certain Trusts can help manage tax liabilities.
• ✓Protection from Marriage Breakdowns & Care Fees – Preventing assets from being lost due to divorce or long-term care costs.

Will Trusts can be beneficial for a range of people, depending on their circumstances and objectives. Some common situations where a Will Trust is recommended include:

• Homeowners – If you own a property and want to protect your share from being used to cover care fees or ensure it passes to specific beneficiaries (e.g., children from a previous relationship), a Protective Property Trust can help.
• Married Couples & Civil Partners – Couples often use Life Interest Trusts or Protective Property Trusts to allow the surviving partner to remain in the home while ensuring the property ultimately passes to children or other beneficiaries.
• Blended Families – If you have children from a previous relationship, a Will Trust can ensure your spouse or partner is provided for while protecting your children's inheritance.
• Vulnerable Beneficiaries – A Discretionary Trust or Disabled Person’s Trust can be useful if you have beneficiaries who are vulnerable, have disabilities, or receive means-tested benefits, ensuring their inheritance is managed appropriately.
• Estate Planning & Tax Efficiency – Some trusts can be structured to mitigate inheritance tax or provide asset protection for future generations.

If you're unsure whether a Will Trust is right for you, we can advise you during your initial consultation based on your specific circumstances and goals.

• ✗No! Trusts are often misunderstood as something only the rich need.

• ✓Many people already use Trusts without realising it (e.g., pensions, life insurance policies written in Trust).
• ✓Trusts can be simple or complex, depending on the situation.

Yes! Trusts are very flexible and so can be used in lots of different scenarios.

Common Types of Trusts

• Bare Trust – Simple Trust where assets are held for a beneficiary with no restrictions.
• Discretionary Trust – Trustees have flexibility on how and when assets are distributed.
• Life Interest Trust – Provides income or use of an asset (e.g., a house) for one person, but the capital passes to another beneficiary later.
• Protective Property Trust – Ensures a surviving spouse/partner can live in the home while protecting inheritance for children.
• Disabled Person’s Trust – Designed to provide financial support while protecting means-tested benefits.
• Business Trust – Helps preserve and pass on business assets efficiently.

Yes, there are many different types of Trusts. The type of Trust that's right for you will depend on your individual circumstances and wishes. Speaking with a specialist, such as Toucan Law will help you to understand all of the options available to you.

A Protective Property Trust is a special type of Will Trust that:

• Allows a surviving spouse or partner to live in the property for life.
• Ensures your share of the home passes to your chosen beneficiaries (e.g., children).
• Protects assets from care home fees, remarriage, or creditors.

It is often used when switching from joint tenants to tenants in common for estate planning.

• A Will only takes effect after death and goes through Probate.
• A Trust can be created during your lifetime (Living Trust) or after death (Will Trust), allowing assets to be managed and protected for beneficiaries without Probate.

A Living Trust, also known as a Lifetime Trust, is a Trust set up during your lifetime to hold and manage assets for your benefit and/or for future beneficiaries. Unlike a Will Trust, which only takes effect after death, a Living Trust is active immediately and can continue after you pass away.

How Does a Living Trust Work?

• You (the Settlor) transfer assets into the Trust.
• Trustees manage the assets according to the terms of the Trust.
• Beneficiaries receive the benefits of the Trust (either immediately or in the future).

You can retain control as a trustee or appoint others to manage the Trust for you.

Why Set Up a Living Trust?

• ✓Avoids Probate – Assets in a Living Trust do not need to go through Probate, speeding up distribution to beneficiaries.
• ✓Maintains Control – You decide how and when assets are distributed, protecting beneficiaries from reckless spending or financial risks.
• ✓Protects Against Care Fees – If structured correctly, assets in the Trust may not be included in local authority means testing for care home fees.
• ✓Reduces Family Disputes – Clearly defines how assets are to be managed, minimising the risk of challenges after death.
• ✓Tax Planning Benefits – Some Trusts can reduce Inheritance Tax (IHT), depending on how they are structured.

Types of Living Trusts

• Revocable Living Trust – You retain control and can amend or dissolve the Trust at any time. However, assets are still considered part of your estate for IHT purposes.
• Irrevocable Living Trust – Once assets are placed in the Trust, you no longer own them, which may provide protection from care fees and IHT but means you lose control.
• Asset Protection Trust – Designed to shield assets from creditors, care fees, and remarriage risks, ensuring inheritance is preserved for beneficiaries.
• Life Interest Trust – Allows a loved one (e.g., a spouse) to benefit from income or use of property during their lifetime, while ensuring the capital ultimately passes to chosen beneficiaries.

Who Should Consider a Living Trust?

• ✓Homeowners wanting to protect property for future generations.
• ✓Families with complex dynamics (e.g., second marriages, stepchildren, vulnerable beneficiaries).
• ✓Those wishing to avoid Probate delays and reduce legal costs.
• ✓Anyone concerned about protecting assets from care fees or financial mismanagement.

Does a Living Trust Replace a Will?

• ✗No. A Living Trust can work alongside a Will, as some assets (e.g., personal belongings, pensions) may not be suitable for Trust ownership.

How Do I Set Up a Living Trust?

A Living Trust must be carefully drafted to ensure it meets your goals without unintended tax or legal consequences. If you’re considering a Living Trust, Toucan Law can advise on the best approach for your situation.

• Not necessarily. If the Trust is created correctly and assets are transferred well in advance of needing care, it may protect against care fees. However, if it’s seen as a deliberate deprivation of assets, the local authority can still include the property in means-testing.

Setting up a Trust requires careful planning to ensure it meets your objectives. If you’re considering a Trust, Toucan Law can help you choose the right structure and guide you through the process.

A Trustee is a person or organisation responsible for managing a Trust and its assets in the best interests of the beneficiaries. Choosing the right Trustee is essential, as they have legal duties and responsibilities.

Who Can Be a Trustee?

• ✓Individuals – You can appoint a family member, friend, or professional adviser.
• ✓Professionals – A solicitor, accountant, or a Trust company can act as a professional Trustee.
• ✓A Combination – You can appoint a mix of family members and professionals for balance.

• ✗Who Cannot Be a Trustee?
• ✗Someone under 18 years old.
• ✗Someone bankrupt or convicted of fraud (for most Trusts).
• ✗Someone with conflicts of interest that could compromise their role.

How Many Trustees Can I Appoint?

• Most Trusts require at least one Trustee, but it’s common to have two or more.
• A maximum of four Trustees can act at any one time for land and property Trusts.
• If a professional Trustee is appointed, they can act alone.

What Are the Duties of a Trustee?

• Manage and protect Trust assets – Ensuring they are used according to the Trust’s terms.
• Act in the best interests of the beneficiaries – Trustees must not benefit personally unless explicitly permitted.
• Invest assets wisely – Trustees must make sound investment decisions (if applicable).
• Comply with legal and tax obligations – Including filing tax returns and distributing income properly.
• Keep accurate records – Trustees must maintain detailed financial records of all Trust transactions.

Should I Choose a Family Member or a Professional Trustee?

Best Option: A mix of family and professional Trustees can balance personal insight with legal and financial expertise.

What Happens If a Trustee Dies or Resigns?

• If a Trustee dies or can no longer act, a replacement can be appointed (as per the Trust Deed or law).
• If no replacement is named, the remaining Trustees may continue to act.
• If no Trustees are left, beneficiaries or the court may appoint a new one.

How Do I Appoint or Change a Trustee?

• A Trust Deed usually sets out how Trustees can be added or removed.
• If a Trustee needs to step down, they must sign a Deed of Retirement.
• If a dispute arises, the court can remove or replace a Trustee.

Need Help Choosing a Trustee?

Selecting a Trustee is a crucial decision—they have long-term responsibilities and legal obligations. If you need guidance, Toucan Law can help you choose the right Trustee for your needs.

When two or more people own property together, they can own it in one of two ways: joint tenants or tenants in common.

Joint Tenants Explained

Owning a property as joint tenants means:

• Each owner has equal rights to the whole property, regardless of how much they contributed financially.
• If one owner passes away, their share automatically passes to the other owner(s) under the right of survivorship—this happens outside of a Will and cannot be overridden.
• The property cannot be left to anyone else in a Will unless the joint tenancy is severed (converted into tenants in common).
• This form of ownership is common for married couples and civil partners, as it ensures the property passes directly to the surviving spouse.

How Is Joint Tenancy Different from Tenants in Common?

If you own property as tenants in common, each person owns a specific share (e.g., 50/50 or 70/30), and:

• Shares can be left to someone else in a Will rather than automatically passing to the co-owner.
• This option is often used for estate planning purposes, such as protecting a share of the home for children from a previous relationship or for care fee protection.

What Is a Protective Property Trust and How Does It Help?

A Protective Property Trust (PPT) is a special type of trust included in a Will that helps protect your share of the property while still allowing your spouse or partner to live in it. It is particularly useful when switching from joint tenants to tenants in common.

• It ensures the surviving partner can continue living in the property for life or a set period.
• It protects your share of the home for your chosen beneficiaries (e.g., your children) rather than it automatically passing to a new spouse or being used for care fees.
• It can help with care fee planning, as your share of the property may not be included in a local authority means test.

If you’re considering how best to protect your property and loved ones, Toucan Law can guide you through the options, including severing a joint tenancy and setting up a Protective Property Trust in your Will.