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Kylie Cox

Why Writing a Will Shouldn’t Be DIY: The Benefits of Professional Guidance with Toucan Law

Updated: 4 days ago

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Writing a will is one of the most crucial steps in securing your family’s future. However, many people are tempted by the DIY route, thinking it will save time and money. While filling out an online form might seem like an easy solution, DIY wills often lead to mistakes that can have severe consequences. After all, you wouldn’t attempt to fix your own car or perform medical procedures on yourself—some things are best left to the professionals. Here’s why choosing a trusted, professional will-writing service like Toucan Law is essential for safeguarding your estate and protecting your loved ones.

The Risks of DIY Wills

1. Mistakes in Legal Language: Writing a Will involves precise legal terminology. Errors in wording can render the document unclear or even invalid. DIY kits often lack the guidance to navigate these complexities, unlike a professional service that ensures accuracy.

2. Incomplete Asset Protection: Many DIY Wills don’t cover the full scope of one’s estate, particularly if the testator has multiple types of assets like property, investments, or business interests. Leaving out even a single asset could lead to disputes, delays, or parts of your estate falling under intestacy laws.

3. Unintentional Exclusions: Without proper guidance, DIY Wills often miss important considerations, such as provisions for stepchildren, extended family members, or pets. A professional estate planner ensures that everyone you care for is accounted for, without risking accidental exclusions.

4. Increased Likelihood of Legal Challenges: DIY wills are more likely to be contested in court due to ambiguities or errors. Imagine attempting a complex DIY plumbing job—it might hold temporarily, but when things go wrong, you’ll end up spending even more to fix it. Similarly, inheritance disputes can drain the estate with legal fees, reducing the amount left for your heirs. A professionally crafted will is more robust and less prone to challenges.

5. You Don’t Know What You Don’t KnowEstate planning involves complex laws and intricate asset structures. For instance, the Inheritance (Provision for Family and Dependants) Act ensures that dependants are fairly provided for, but DIY kits rarely highlight such legal safeguards. Without professional guidance, you could unintentionally disinherit a dependant or leave your will open to claims and disputes. Additionally, some assets may be held as "joint tenants," meaning they automatically pass to the surviving owner, regardless of what is written in your will. This can significantly impact your estate distribution if, for example, you wish to leave a share of your property to someone other than the joint owner. These nuances, often overlooked in DIY will kits, are crucial in ensuring your assets are distributed according to your intentions.


The Benefits of Working with a Specialist Estate Planner Like Toucan Law

1. Expertise in Complex Family Situations: Families today often include blended members, unmarried partners, and estranged relatives. Toucan Law specialises in creating Wills that cater to complex family dynamics, ensuring every loved one you care about is properly considered.

2. Asset Protection with Trusts: If you’re concerned about care home fees or ensuring that your assets stay within the family, a Protective Property Trust can help safeguard your home and other assets from sideways disinheritance. DIY Wills typically won’t include this level of protection, leaving your estate vulnerable. At Toucan Law, we offer solutions like Protective Property Trusts to keep your legacy intact.

3. Minimizing Tax Liabilities: Inheritance tax and capital gains tax can take a substantial bite out of your estate if not properly managed. Unlike DIY Wills, which rarely address tax issues, Toucan Law’s expert team will structure your Will to take advantage of available tax reliefs, ensuring that your estate is passed down in the most tax-efficient way.

4. Protecting Vulnerable Persons in Your Will: When planning your estate, providing for vulnerable individuals—such as young children, persons with special needs, or dependants who require ongoing support—is essential. One of the best ways to ensure their security is by setting up special provisions within your Will, such as a trust. Trusts allow you to appoint trustees who will manage assets on behalf of these dependants, ensuring that their needs are met without overwhelming them with direct control of finances. This structure can help provide steady support for young children until they reach a certain age or for dependants who may not be able to manage financial matters independently. At Toucan Law, we specialise in creating tailored trust structures that offer protection and flexibility for vulnerable beneficiaries. We can draft trusts within your Will that specify how funds should be used, who will manage them, and at what point beneficiaries may assume greater control if their circumstances allow. Additionally, we address concerns such as the potential impact of care needs and ensure that support extends seamlessly into the future.

5. Flexibility for Future Changes: Life is unpredictable, and your Will might need to change over time. Unlike a DIY Will, which may need a complete rewrite. Whilst none of us can predict what the future might hold, a professionally drafted will is designed with flexibility and will be future-proofed as much as possible, making amendments simpler as your circumstances evolve.


Two toucans comparing "Professional" vs "Do It Yourself" will writing. Professional has higher cost, legal validity; DIY is lower cost, riskier.

Why You Shouldn’t Leave It to Chance

You wouldn’t attempt to repair your car’s engine or conduct your own dental work without training—creating a Will should be no different. A professional estate planner at Toucan Law will help you avoid the pitfalls of DIY, crafting a Will that leaves nothing to chance and providing peace of mind for you and your loved ones.


The Process of Professional Will Writing

Working with a specialist like Toucan Law is more comprehensive than filling out a template. Here’s what you can expect:

  1. Initial Consultation: We begin by discussing your wishes, family situation, and assets, so we can craft a Will that truly reflects your unique needs.

  2. Customised Planning: Our team will design your Will with specific solutions, whether that involves setting up trusts, provisions for minors, or tax-saving strategies.

  3. Precise Drafting: Using precise legal language, we ensure every detail in your Will is clear, enforceable, and resistant to challenges.

  4. Review and Finalisation: After drafting, we review the document with you and make any adjustments necessary. We also provide guidance on signing the Will correctly to meet all legal requirements.


Why Choose Toucan Law?

At Toucan Law, we’re dedicated to making estate planning accessible, thorough, and tailored to your life. We offer fixed fees, so there are no surprises, and a friendly and personalised approach that takes the worry out of the process. Our mission is to give you peace of mind by protecting your legacy.


Conclusion: Don’t Leave It to Chance

While DIY Wills might seem like a quick fix, they often end up costing more in the long run. Protecting your loved ones with a professional Will is an investment in their security and your legacy. If you’re ready to secure your family’s future, contact Toucan Law today. Our team is here to help you navigate the complexities of estate planning, giving you and your family the peace of mind you deserve.

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