Frequently Asked Questions

A Will is a legal document that sets out how your assets – such as property, money, and possessions – should be distributed after your death. Without one, your estate will be divided according to the UK’s intestacy rules, which may not reflect your wishes.

Toucan Law’s will writing services help you:

• Choose exactly who inherits your estate

• Leave gifts to loved ones or charities

• Appoint guardians for children under 18

• Set out your funeral preferences

• Protect vulnerable beneficiaries through Will Trusts

Creating a Will with Toucan Law ensures your estate is managed according to your wishes, reduces family disputes, and gives you peace of mind.

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:

1. Initial Consultation – Meet with our experienced legal team (in person, by phone, or video) to discuss your wishes.

2. Will Drafting – We’ll create a bespoke Will based on your instructions and send you a draft for review.

3. Review & Amendments – You can request changes, and we’ll revise your Will until it’s exactly right.

4. Signing Appointment – We guide you through the signing process to ensure your Will is legally valid.

5. 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:

1. 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.

2. With Your Solicitor or Will Writer – If you’ve had your Will professionally drafted, your solicitor may offer to store it for you.

3. 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.

4. The Probate Registry (England & Wales) – You can officially register and store your Will with the Probate Service for a small fee.

5. 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.