When it comes to making a Will, most people know it is important.
Actually getting around to it is another matter.
For many families, the subject gets pushed down the list because it feels uncomfortable, complicated or simply like something that can wait.
Toucan Law, based in Weston-super-Mare, is trying to change that.
Founded by Kylie Cox, a Trust and Estate Practitioner with nearly 30 years’ experience in Wills, Trusts, Probate and Estate Planning, Toucan Law has built its reputation around making difficult conversations feel straightforward, human and manageable.
The business works with clients across North Somerset and the wider UK, helping individuals and families with Wills, Lasting Powers of Attorney, Trusts, Estate Planning, Probate and Estate Administration.
A Will can decide who inherits your estate, who should act as your executors and who should care for children under 18.
But in many cases, that is only the starting point.
Modern families are often more complicated than the traditional “everything to spouse, then children” model.
There may be children from previous relationships, unmarried partners, vulnerable beneficiaries, family businesses, estranged relatives or concerns about protecting property for the next generation.
This is where experienced Estate Planning advice can make a real difference.
Toucan Law does not see Estate Planning as simply producing a legal document. The team takes time to understand the family behind it.
Sometimes the answer will be a straightforward Will.
Sometimes a Trust may be appropriate.
Sometimes the conversation highlights the importance of putting Lasting Powers of Attorney in place too.
And sometimes it means looking at property ownership, inheritance, tax or what could happen if circumstances change in the future.
There is no one-size-fits-all answer, because there is no such thing as a one-size-fits-all family.
Dying without a valid Will means the rules of intestacy decide who inherits your estate.
Those rules do not necessarily reflect modern family life.
Unmarried partners, for example, do not automatically inherit in the same way as spouses or civil partners. And where someone is married or in a civil partnership and also has children, it should not simply be assumed that the surviving spouse or civil partner will inherit everything.
Stepchildren may also receive nothing under the intestacy rules unless they have been legally adopted.
That means assumptions such as “my partner will get everything anyway” or “the family knows what I want” can sometimes have very different consequences from those intended.
A properly drafted Will gives clarity.
It can set out:
• who should inherit;
• who should deal with the estate;
• who should act as guardians for children;
• how inheritance should be managed for younger or vulnerable beneficiaries; and
• whether Trusts should be used to protect particular assets.
One of the areas where Estate Planning becomes especially important is in blended families.
A person may want to provide for a surviving spouse or partner while also making sure children from an earlier relationship ultimately inherit.
Leaving everything outright to the surviving partner may appear simple, but it can create unintended consequences later.
People remarry. Wills change. Relationships change. Assets can be spent or redirected.
Toucan Law regularly advises on Will Trusts and Protective Property Trusts, which can be used in appropriate circumstances to protect a share of a property or other assets for chosen beneficiaries while still allowing a surviving partner to benefit.
It is a good example of why Will writing is not always simply a question of asking, “Who would you like to leave everything to?”
Sometimes the important question is, “What do you want to happen if life changes after you are gone?”
Trusts are often misunderstood.
Many people assume they are something only very wealthy families need.
In reality, Trusts can be useful for ordinary families dealing with perfectly ordinary concerns.
They may be used to:
• protect an inheritance for children;
• provide for a vulnerable beneficiary;
• manage money for someone who may struggle to manage it themselves;
• provide for a spouse while preserving assets for children;
• deal with the complexities of second marriages and blended families; or
• manage inheritance across more than one generation.
Toucan Law advises on a range of Trusts, including Life Interest Trusts, Protective Property Trusts, Vulnerable Beneficiary Trusts, Discretionary Trusts and wider asset protection planning.
The emphasis, however, is always on suitability.
Not everybody needs a Trust.
The point of specialist advice is knowing when somebody does, and equally when they don’t.
Toucan Law is also passionate about another area of planning that people frequently leave until too late: Lasting Powers of Attorney.
A Will deals with what happens after death.
An LPA deals with something very different: what happens during your lifetime if illness, an accident or loss of mental capacity means you cannot make certain decisions yourself.
Without the appropriate LPAs, family members do not automatically have authority to take over somebody’s finances or make every decision on their behalf simply because they are their spouse, child or next of kin.
That can come as a considerable shock at an already difficult time.
It is another reason Toucan Law encourages people to think about Estate Planning as a whole rather than simply “getting a Will done”.
Executors are the people responsible for dealing with an estate after death.
That can involve tracing assets, settling debts, dealing with tax, applying for Probate, selling or transferring property and paying beneficiaries.
Kylie believes choosing executors deserves more thought than simply picking the closest relative.
“The person you love most is not automatically the best executor.
“You want someone who is trustworthy, organised and willing to take on the responsibility. If clients are unsure, that’s exactly the sort of thing we talk through with them.”
Toucan Law also specialises in Probate and Estate Administration, supporting families after someone has died.
That gives the team the perspective of seeing Estate Planning from both directions: helping people put good plans in place during their lifetime and then helping families deal with those plans after a death.
It is perfectly possible to write your own Will.
The difficulty is knowing whether the document properly reflects your circumstances and whether you have considered all the issues that matter.
The biggest risk is not necessarily getting a name wrong.
It is failing to ask the right questions.
For example:
Is the property owned as joint tenants or tenants in common?
Could a child from an earlier relationship accidentally be disinherited?
Should a vulnerable beneficiary receive money outright?
Would a Trust be more appropriate?
Are Lasting Powers of Attorney also needed?
Has something changed since the Will was written?
These are the types of issues that a basic template may never identify.
As Kylie puts it:
“Anyone can download a Will template.
“What you can’t download is nearly 30 years of experience and judgement telling you that there is something else here we need to think about.”
A Will should not necessarily be written once and left untouched for decades.
Major life events can all affect whether it still works as intended.
These can include:
• marriage;
• divorce;
• separation;
• a new relationship;
• children or grandchildren;
• buying or selling property;
• a significant change in wealth;
• bereavement;
• a family disagreement; or
• a beneficiary becoming vulnerable.
Regular reviews can help make sure the planning still reflects the person’s wishes.
For anyone looking for Will Writing in Weston-super-Mare, help with Lasting Powers of Attorney, Trust advice, Probate or wider Estate Planning in North Somerset, specialist advice can provide much more than a legal document.
It can provide clarity, protection and peace of mind.
Toucan Law takes the time to understand the person, their family and what they want to achieve.
Because good Estate Planning is not really about paperwork.
It is about people, relationships and making life easier for the people you care about.
