Wealth Management

The UK Ministry of Justice launched a major public consultation on 5^th June 2026 titled ‘A Fairer End to Relationships’  It proposes notable reforms to the intestacy rules for unmarried cohabiting couples, potentially granting automatic inheritance rights for the first time. The consultation is open to legal professionals and the public to provide feedback and closes on 14^th August 2026.

The Current Intestacy Rules

The intestacy rules cover when someone dies intestate (without a Will) and the current rules are contained in the Administration of Estates Act 1925 (‘the Act’).  The Act sets out who inherits if a person dies intestate and who has the right to be an administrator of the estate and as such apply for a Grant of Letters of Administration.

At present, the following applies in relation to unmarried cohabiting partners:

• There is no automatic right for a cohabiting partner to inherit anything, regardless of the length of the relationship. They would receive nothing under the current intestacy rules as assets go strictly to spouses, children, parents, or siblings, depending on the family structure and who is alive.
• Cohabiting partners have no priority to apply for a Grant of Letters of Administration.

The Proposed Reforms

Under the proposed reforms put forward in the consultation:

• qualifying cohabiting partners could have automatic rights to inherit in the same way as spouses. Cohabiting partners gain an equal priority to spouses in the hierarchy of who inherits on an intestacy.
• qualifying cohabiting partners have equal priority to spouses to administer the estate and apply for a Grant of Letters of Administration.

Who will qualify under the proposed reforms?

The proposed reforms don’t apply to all cohabiting couples, but the framework would apply automatically to those who meet the following conditions:

• If you have lived together for at least three years, or
• If you live together and share a child.

Couples who do not want the framework to apply could opt out by agreement.

When could the proposals become law?

When the consultation closes on 14^th August 2026, the government will need to consider the responses received before deciding how to proceed. Any new law then needs to pass through Parliament, so for now the current intestacy rules will continue to apply, and it’s difficult to predict any timeline for change.

Why you should consider a Will

Even if these reforms eventually pass into law, the intestacy rules remain very rigid in their application and cannot account for the realities of many modern families. 

Writing a valid Will remains the most definitive way to ensure your wishes are followed and allow your partner to inherit, regardless of any potential future changes the intestacy rules.

How Cheyney Goulding can help

If you need assistance writing a Will, or want to understand how to the current law or proposed reforms may affect you, please contact our Wealth Management Team on 01483 567676 or legal@cheyneygoulding.co.uk

One of the most frequent comments we receive about conveyancing transactions is the fact often takes longer than the client was expecting. Whilst we always use our best endeavours to achieve a timely exchange and completion, there are steps a property owner can take to save time and expense in a sale. When you instruct a firm of solicitors to sell your house they will send you a document called a Property Information Form which enables you to provide details about your house e.g. responsibility for boundaries, any shared access, neighbour disputes, any alterations or improvements. It is the question of alterations and improvements that always proves the most problematic.

Whenever any works have been carried out the purchaser’s solicitor will invariably request documentary evidence the works were completed in accordance with any planning permission granted and are to industry standards and building regulations compliant. Therefore, if you do have any works carried out on your property you should ensure the contractor is registered with their appropriate regulatory body and provide the necessary certificate when the works are completed. The following are an example of the certificates we are asked to provide to evidence building regulations compliance: –

• New windows and doors: These must always be installed by a contractor who is able to provide a FENSA or CERTASS certificate.
• Electrical installations and improvements: A certificate confirming NICEIC compliance needs to be issued.
• New central heating and boilers: It is essential the contractor is GasSafe registered (formerly CORGI) and works registered with GasSafe.
• Wood Burning Stoves. These are becoming increasingly popular and modern installations must be issued with a HETAS certificate in respect of the stove and flue lining. In addition, a recent certificate confirming the chimney has been swept is often requested.
• Extensions and loft conversions. Building regulation compliance will be signed off by your local authority and registered in the Land Charges Register. A Building Regulation Completion Certificate will be issued and should be kept by the owner.

If you have any works carried out that would require a certificate it essential the contractor, or their regulatory body, provides you with this certificate and you keep it in a safe place for future reference. If the work is covered by a guarantee, then this should be kept with the certificate. Therefore, when you complete and return the Property Information Form to your solicitor, you can include all the certificates and guarantees relating to any work listed in the form. This will enable your solicitor to provide copies to the buyer’s solicitor at the outset of the transaction and prevent any unnecessary enquiries being raised.

If you are unable to provide these certificates the buyer’s solicitor will ask for us to either obtain copies (provided they were issued in the first place) or provide a policy of indemnity insurance to cover for the lack of building regulation compliance. Both add delay and expense to the transaction, with replacement certificates costing upwards of £30.00 and indemnity insurance policies sometimes costing several hundred pounds. In the worst-case scenario, they may insist the works are inspected and a retrospective certificate be issued. This can only be done if the works are indeed compliant. If not, expensive remedial building works may be required.

In summary, always employ a regulated contractor, ensure they provide you with the certificate of compliance and guarantee and keep them all in a safe place. You will save time and money.

What are they and do I need one?

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or more people (known as your Attorneys) to make decisions on your behalf when you cannot and to assist you in carrying out decisions you can make.

When acting under an LPA, your Attorneys must always act in your best interests and are bound by strict legal duties. Because they may need to make important decisions about your health, care, and finances, it is essential to choose people you trust completely.

An LPA must be registered with the Office of the Public Guardian before it can be used and can only be made where you have the mental capacity to understand what you are signing. As registration can take several months, we recommend putting LPAs in place well in advance. 

You can think of an LPA like travel insurance: you hope you never need it, but having it in place provides peace of mind and helps reduce stress for your family later on. It ensures that the people you trust are able to step in and help if needed.

There are two types of LPA:

• Health and Welfare
• Property and Financial Affairs

Health and Welfare LPA

A Health and Welfare LPA allows your Attorneys to make decisions about your medical treatment and day-to-day care if you lose mental capacity. This type of LPA can only be used if you have lost mental capacity.  

Without a registered Health and Welfare LPA, decisions about your health and care are made by the relevant professionals, such as doctors or social workers. While they may consult your family, the final decision rests with them. By contrast, with a Health and Welfare LPA, your Attorneys can make these decisions with support from medical professionals where needed.

Your Attorneys can make decisions about:

• Your medical treatment
• Where you live, and the care and support you receive
• Day‑to‑day matters (e.g. diet, routine, and social activities such as haircuts or exercise)

Property and Financial Affairs LPA

A Property and Financial Affairs LPA allows your Attorneys to manage your financial affairs. Unlike a Health and Welfare LPA, you can choose for this LPA to be used as soon as it has been registered, rather than only if you lose capacity.

If you choose to allow your Attorneys to assist you while you still have capacity, they must act in accordance with your instructions. They can only make decisions in your best interests if you lose capacity.

Financial attorneys can make decisions about:

• Paying bills and managing your bank accounts
• Maintain your property
• Buying or selling property 
• Managing your investments and other financial assets

Common misconceptions

1. “My family can automatically make decisions for me if I can’t”

This is a common misunderstanding that can cause unnecessary stress for loved ones. Without the appropriate LPA, your family cannot automatically step in to help and may be unable to make important decisions about your care, living arrangements, or finances, including paying bills.

In addition, if you lose mental capacity without a registered LPA, your loved ones may need to apply to the Court of Protection to be appointed as your deputy. This can be an expensive and lengthy process at an already difficult time.

• “Only older people need LPA”

This is not the case. While loss of capacity is more common later in life, it can happen at any age as a result of illness, injury, or an accident.

For example, if you were in a coma following a serious accident, an LPA would allow your chosen Attorneys to step in immediately and manage your affairs. If you later regain capacity, you would simply resume making your own decisions.

We are also seeing an increase in requests from lenders for borrowers to have a Property and Financial Affairs LPA in place, to ensure someone can manage financial matters if capacity is lost.

• “Making an LPA means giving up control of my affairs.”

This is a common concern, but having an LPA in place does not take away your ability to make your own decisions. The law presumes that every adult has capacity unless there is evidence to the contrary. As long as you have capacity, you remain in control and your Attorneys cannot override your decisions.

If you lose capacity to make a particular decision, your Attorneys can then step in. Capacity is decision-specific, meaning you may be able to make some decisions but not others.

Speak to our Wealth Management team

Putting an LPA in place is one of the most practical steps you can take to protect yourself and your family. It ensures that, if the unexpected happens, the right people can make decisions on your behalf without delay or uncertainty.

Depending on your individual circumstances and preferences, there are a number of ways to structure your LPAs. Get in touch with our Wealth Management team to discuss the best options for you. We can take the stress and complexity out of the process, guiding you from start to finish to ensure your LPAs are correctly set up, reflect your wishes, and work as intended.

Writing a will is often seen as something to deal with later in life and something for retirees or those with substantial wealth. In reality, your 30s are one of the most important times to put a will in place. It’s a time when life tends to accelerate with careers developing, relationships deepen, families begin, and major financial commitments are made. All of these milestones bring with them a need for clarity, structure, and protection.

Why your 30s matter

By the time you reach your 30s, your financial and personal circumstances are usually more complex than in your 20s. You may have savings, investments, or a pension. You might have purchased your first property or be planning to do so. Increasingly, people in this age group are also starting families or thinking about long-term commitments.

A will ensures that everything you’ve achieved whether that’s a home, wealth, or even sentimental possessions are passed on according to your wishes. Without one, your estate will be distributed under the rules of intestacy, which may not reflect your intentions and can create unnecessary stress for those you leave behind.

It’s not just about age

However, you might think that your 30s are a natural trigger point to write a will but increasingly it is less about age and more about key life events. Below are just some examples of life moments for when it becomes particularly important to consider putting a will in place:

• Starting a family
  If you have children, a will allows you to appoint guardians. This is one of the most critical aspects, without clear instructions, decisions about your children’s care could be left to the courts.
• Buying your first property
  Property is often the most valuable asset people own. A will ensures that your share of a property passes to the right person, particularly if you are unmarried or own as tenants in common.
• Entering a long-term relationship
  Many couples assume their partner will automatically inherit but this isn’t always the case, especially if you’re not married or in a civil partnership.
• Building wealth or running a business
  As your financial circumstances grow, so does the importance of structuring how it will be handled on death.

The risks of not having a will

Failing to make a will doesn’t just mean losing control it can create real complications and stress for your loved ones:

• Loved ones may not inherit what you intended
• Unmarried partners could receive nothing
• Family disputes are more likely to occur
• The probate process can become longer and more costly
• There may be missed opportunities for inheritance tax planning

In many cases, the emotional and administrative burden placed on family members far outweighs the effort and cost it would have taken to prepare a will.

A tool for planning

A will isn’t just a legal document which distributes assets, it’s also part of a broader approach to planning your future. It can work alongside other considerations such as:

• Inheritance tax efficiency
• Trust planning
• Business succession
• Protecting vulnerable beneficiaries

Reviewing and updating your will as your circumstances change is just as important as creating it in the first place.

Final thoughts

Writing a will in your 30s is not “too early” to write a will; it is the ideal time. However, making a will should be considered whenever your life reaches a point of responsibility, whether that’s starting a family, buying a home, or building wealth.

It’s a simple step that provides certainty, protects those closest to you, and ensures your wishes are respected.

Disputes between family members over the estate of a deceased seem to be increasing .  A claim under the Inheritance ( Provision for Family Dependants )  Act 1975 allows certain individuals to contest a will or intestacy if they believe  they have not been adequately been provided for .

Potential claimants

1. A spouse or civil partner of the deceased
2. A former spouse or civil partner who has not remarried or entered into a new civil partnership.
3. Children of the deceased , including adopted children and those born outside of the marriage .
4. Individuals who were being maintained by the deceased immediately before their death.

A Claimant can claim if they believe the deceased did not make reasonable financial provision for them.

However,  there are strict time limits to make a claim . A claim must usually be made with 6 months from the date of the grant of probate or letters of administration .

The Court will consider the Claimant’s needs together with the deceased’s obligations to the Claimant along with the interests of other beneficiaries .

It should be noted that litigation can be a stressful , time consuming and expensive process . It is therefore important to consider other potential  ways of resolving any dispute such as mediation .

If you would like more information please contact Graham Young on 01483 796002 or by email gyoung@cheyneygoulding.co.uk

When it comes to planning for the future, creating a well-drafted will is one of the most important steps you can take to protect your loved ones and ensure your wishes are respected.  When a will is not drafted properly it can lead to costly mistakes, disputes, and unintended consequences.

Why drafting your will properly matters

A properly drafted will establishes clear guidance for the distribution of your assets, the care of children, and any other important final wishes. This can spare your loved ones unnecessary confusion and conflict during what is often an already difficult time. It also ensures that your estate is handled according to your intentions. Without a valid will, your estate may be divided under intestacy rules, which can lead to outcomes you did not foresee or desire.

What are the rules of intestacy?

The rules of intestacy determine how a person’s estate is distributed if they die without a valid will. In England and Wales, these rules prioritize close family members, starting with the surviving spouse or civil partner, who may inherit the majority or entirety of the estate depending on whether there are children. If there are children, the spouse typically receives a portion of the estate, with the remainder divided among the children. Unmarried partners, stepchildren, and friends are not entitled to inherit under these rules, which can lead to unintended outcomes. If no close relatives are found, the estate may pass to the Crown. These rules highlight the importance of drafting a will to ensure your wishes are respected.

What is needed for a valid will?

To ensure a will is valid, it must include specific elements and adhere to legal requirements. Firstly, the will must clearly outline how your estate will be distributed, including the naming of beneficiaries and guardians (if applicable), as well as details about any trusts or specific gifts. It must also name executors who will be responsible for carrying out your wishes. To be legally valid in England and Wales, the will must be written, signed by you, and witnessed by two independent adults who are not beneficiaries or close relatives. You must have the mental capacity to understand the nature and consequences of the will, and it must be made voluntarily, without undue influence. Regular updates are essential to keep the will aligned with life changes and legal developments.

The pitfalls of a poorly drafted will

If your will is not carefully and correctly drafted, several pitfalls may arise:

1. Ambiguities and misinterpretations
   Ambiguous language in a will can lead to disputes among beneficiaries. Misinterpretations may result in legal challenges, delays in probate, and resources being drained in court proceedings.
2. Heightened risk of a contested will
   A poorly drafted will increases the likelihood of it being contested. Beneficiaries—or even those excluded from the will—may argue that the document does not reflect your true intentions. Claims of undue influence, lack of capacity, or errors in execution are common grounds for contesting a will. Even if the challenge is unsuccessful, it can result in significant stress, delays, and financial costs.
3. Exclusion of assets or beneficiaries
   If a will does not account for all assets or beneficiaries, it may lead to feelings of exclusion or unfairness, which could also trigger legal challenges.
4. Invalidity due to legal errors
   Each jurisdiction has specific requirements for a will to be considered legally valid. Errors, such as improper witnessing or signing, can render the will invalid and leave your estate to be governed by intestacy laws.
5. Tax implications
   A poorly planned will may overlook estate taxes and financial implications, reducing the value of your estate for your beneficiaries.

How can we help?

At Cheyney Goulding we have extensive experience in advising individuals on wills, trusts and life planning. If you would like to discuss your options, please don’t hesitate to get in touch.

Contact:  Edward Pennington on 01483 796007 epennington@cheyneygoulding.co.uk or Nikki Perryman on 01483 796005 nperryman@cheyneygoulding.co.uk

This article is for general information only and does not constitute legal advice.

Major changes have been made by the Chancellor in the recent budget which impact the way in which farms and businesses can be passed to the next generation.

Current rules, before the 2024 Budget:

Business property relief

Where the conditions are met, 100% relief from Inheritance Tax (‘IHT’)  is available for unquoted shareholdings and interests in a business (whether owned as a sole trader or in partnership) located anywhere in the world. 50% relief from IHT is available for shares in a quoted company (where you have control of the company) and also for assets, such as land and buildings, used by your partnership or company.

Generally, you must have owned the shares or the business for at least two years prior to the gift (whether made during lifetime or on death). Certain types of activities and investments are excluded from relief, for example it’s not available if the business or company’s activities consist mainly in dealing in securities, stocks or shares, land or buildings, or making or holding investments.

Agricultural property relief

Where land in the European Economic Area, including the UK (limited to the UK only from 6 April 2024) has been occupied for the purposes of agriculture, the land and any ancillary buildings may benefit from relief from IHT at 100% or 50%, depending on who farms the land and how long the land has been owned.

Relief is given on the agricultural value of the land, which is taken to be the value of the property if it were subject to a permanent restriction prohibiting non-agricultural use. This may be lower than the full market value of the property (for example, where there is planning permission to build houses on the land).

However, business property relief may also be available, for example if you own the land and farm as a business yourself. This can be useful where the full market value of the land exceeds the agricultural value (agricultural property relief is given first).

Bad news from the Budget:

From 6 April 2026, the current 100% rate of relief will continue but only for the first £1 million of combined agricultural and business property for individuals and Trusts. 

Shares that are designated as ‘not listed’ on the stock exchange, such as AIM shares, will now only attract a relief of 50% rather than 100%

The rate of relief will be 50% for such assets above the £1 million threshold and for all ‘not listed’ shares.

The existing 50% rates of business and agricultural relief will continue where they currently apply (e.g. to farmland let before 1 September 1995) and will not be affected by the new allowance.

For certain trusts that were established before 30 October 2024, the £1 million allowance will apply to each trust. The £1 million allowance will be divided between trusts where a settlor sets up multiple trusts on or after 30 October 2024.

This means that many of the previous estate planning strategies are going to be ineffective. It is therefore important to take advice on the best way of arranging your financial affairs to reduce the Inheritance Tax liability of your business and estate.

We can also assist with alternative ways to reduce IHT for your family, including lifetime and Will Trust planning and we would be pleased to discuss these with you.

Contact  Nikki Perryman in our Wealth Management team on 01483 567676 or nperryman@cheyneygoulding.co.uk

Please note that following the closure of RHW Solicitors LLP the wills held by them were transferred to us.  If RHW was holding your will and/or any related documents, please get in touch at legal@cheyneygoulding.co.uk