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Month: September 2025

What happens if there’s no Will?

Posted on by Britt Thompson

Someone passing away without a valid Will is more common than you might expect. When this happens, the person is said to have died intestate, and it means the law steps in to decide what happens to their estate.

Rather than the deceased’s wishes determining who receives the estate, the intestacy rules take effect. Whilst these rules aim to provide a fair structure, they often don’t reflect what the individual would have wanted, particularly for unmarried couples or blended families.

Who administers the estate?

When there’s no Will, there’s no named executor. Instead, a relative, typically a spouse, child, or close family member, must apply to the Probate Registry for what’s called a Grant of Letters of Administration. This document gives them legal authority to manage the estate. They are then known as the administrator. The administrator fills a similar role to the executor when the deceased made a Will.

The administrator’s job involves collecting and valuing all the assets, paying off any debts and taxes, and distributing the remaining estate in line with the intestacy rules. It’s a responsible role and can sometimes be complicated, especially if the estate includes property or multiple beneficiaries.

Applying for a Grant of Letters of Administration

The process of obtaining the grant is similar to applying for probate when a Will exists. The key steps are:

  1. Check if a grant is needed:  Not all estates require probate. If the estate is small or held jointly (e.g. a joint bank account), a grant might not be necessary.
  2. Value the estate: The administrator must value all aspects within the estate, including all assets and any debts owed.
  3. Report to HMRC: Even if no inheritance tax is due, the estate may need to be reported to HMRC using the appropriate forms.
  4. Apply online or by post: The administrator applies to the Probate Registry, including the death certificate and estate valuation, along with a fee (currently £300 for estates over £5,000). Depending on the situation, the administrator may be required to submit the application by post, which is a much longer process than applying online.
  5. Receive the grant: If everything is in order, the Probate Registry will issue the Grant of Letters of Administration.
  6. Deal with the estate: Once the grant is received, the administrator can collect the deceased’s assets, pay debts, and distribute what’s left according to the rules of intestacy.

This process can take several months, especially if the estate is complex or includes property, business interests, or overseas assets.

How are assets distributed?

The rules of intestacy prioritise certain relatives in a set order. This is how it works:

  • Spouse or civil partner: If there are no children, the entire estate goes to them. If there are children, the spouse receives a statutory legacy (currently £322,000), all personal possessions, and half of the remaining estate. The other half goes to the children.
  • Children: If there’s no surviving spouse or civil partner, children inherit everything, divided equally.
  • Other relatives: If there are no children or spouse/civil partner, the estate is shared according to a hierarchy—parents, siblings, nieces/nephews, grandparents, aunts/uncles, and so on.
  • No close family: If no one fits the bill, the estate passes to the Crown through a process known as bona vacantia.

The UK government has provided a useful online tool to check who can apply for probate and inherit if someone dies without a Will.

One crucial point: unmarried partners have no automatic right to inherit, even if they lived with the deceased for decades. This often comes as a nasty surprise and can lead to hardship or disputes.

Why making a Will matters

Intestacy can lead to outcomes no one anticipated. It might exclude people the deceased cared deeply for or create disputes between family members. Making a Will is the best way to:

  • Decide who inherits your assets
  • Provide for your partner (especially if you’re not married or in a civil partnership)
  • Appoint guardians for your children
  • Make the probate process simpler and more efficient

It also brings peace of mind, knowing that your wishes will be respected and your loved ones will be protected.

To make a Will or discuss your options please get in touch with Shannon Zermani on 01494 478687 or email shannon.zermani@blasermills.co.uk.

Understanding alienating behaviour in families

Posted on by Britt Thompson

Family separation can be difficult for everyone involved, especially children. In some families, children may become reluctant or refuse to see one of their parents. Sometimes this is based on their own experiences or feelings. In other cases, a parent may influence the child, consciously or unconsciously, by speaking negatively about the other parent or making them feel guilty for wanting a relationship with them. This is known as alienating behaviour.

The Family Justice Council (FJC) has recently published guidance to help courts and professionals respond to cases where alienation is alleged. Its focus is on ensuring that decisions are made carefully and with the child’s welfare at the centre.

What is alienating behaviour?

Alienating behaviour can take many forms. It may include criticising the other parent in front of the child, restricting or controlling contact, or pressuring the child to take sides. These actions can damage the child’s ability to have a healthy relationship with both parents.

It is important to remember, however, that not all situations where a child resists contact involve alienation. A child may have valid reasons for not wanting to see a parent, such as exposure to conflict, poor parenting, or even direct harm. The court’s role is to look behind the behaviour and understand the reasons.

How do the courts approach these cases?

The new FJC guidance stresses the need for careful assessment. Judges should avoid applying labels too quickly. Instead, they must look at the evidence, hear the child’s voice, and consider the wider context of the family.

Courts may look at:

  • The child’s wishes and feelings, depending on their age and maturity.
  • The history of the parents’ relationship and any past concerns.
  • Evidence of abuse, neglect, or other safeguarding risks.
  • Professional assessments from social workers or psychologists.

There is no fixed test for alienation. Each case is different, and the welfare of the child remains the guiding principle.

Balancing rights and responsibilities

Allegations of alienation can be distressing for both parents. A parent who feels excluded from their child’s life may feel frustrated and powerless. The parent accused of alienation may feel unfairly blamed. The FJC reminds us that the court’s task is not to punish parents but to protect the child and support safe, positive family relationships.

Solutions can include therapeutic support, parenting programmes, or carefully managed contact arrangements, depending on the needs of the child.

Advice for parents

If you are experiencing difficulties around contact, there are steps you can take:

  • Keep children out of adult disputes wherever possible.
  • Encourage your child to feel free to spend time with both parents.
  • Seek advice early if you are worried about resistance or conflict.
  • Keep clear records of arrangements and communications.

A sensitive and evolving area

Alienating behaviour is complex, and every case is unique. What matters most is that children are not caught in the middle of disputes and that their wellbeing comes first.

Our family team can advise you if you are concerned about contact, resistance, or allegations of alienation. We provide clear and practical guidance tailored to your circumstances. Please contact us if you would like to discuss your situation in confidence.

For further information or advice, please contact Naim Qureshi, Senior Associate in the family and divorce team on 01494 781356  or email naim.qureshi@blasermills.co.uk.

Supporting young people on their journey into law

Posted on by Britt Thompson

We recently hosted a Work Experience Taster Afternoon for students aged 17–21, giving them a first-hand look at life inside a law firm.

The event introduced students to different areas of law as well as the business roles that support the firm. Workshops on CVs, interview skills and mock interviews gave practical advice to help them prepare for future opportunities.

Talks from a trainee solicitor, a newly qualified solicitor and the firm’s Executive Chairman offered honest accounts of their career journeys, which students described as both inspiring and reassuring.

Tracy Jones, Responsible Business Partner, said:
“We are delighted the event was such a success. We look forward to running more sessions for young people who are keen to explore a career in law but may not have had the chance to experience it before.”

For details of future events, contact tracy.jones@blasermills.co.uk

Series: Leasehold and Freehold Reform Act 2024 Part 2

Posted on by Britt Thompson
Part 2: Enfranchisement and Lease Extensions

Leaseholds are a depreciating asset, making enfranchisement (acquiring the freehold) or lease extension attractive options for leaseholders seeking control and cost savings. However, the current system is complex and costly.

The Leasehold and Freehold Reform Act 2024 (LAFRA 2024), which received Royal Assent on 24 May 2024, introduces major reforms to simplify and reduce the cost of leasehold enfranchisement and lease extensions. Although most provisions are not yet in force, the changes are already influencing market behaviour.

Key reforms for leaseholders

LAFRA 2024 lowers barriers to participation by:

  • Removing the two-year ownership requirement (effective 31 Jan 2025): Leaseholders can bring claims immediately post-acquisition, though the notice of claim must be brought by the legal owner of the leasehold interest and therefore Land Registry processing times in registering the transaction and updating the registered proprietor on the title may affect timing.
  • Eliminating restrictions on repeat claims: Leaseholders can now reapply to collectively enfranchise or for a lease extension without waiting 12 months from an earlier claim that failed to complete.
  • Raising the non-residential internal floor area (excluding common parts) threshold from 25% to 50% for collective enfranchisement claims from 25% to 50%, allowing more mixed-use buildings to qualify.
  • Extending statutory lease terms from 90/50 years to 990 years for flats and houses respectively.
  • Introducing peppercorn rent for houses, aligning them with flats.

Premiums and costs

A new valuation method is expected to abolish marriage and hope value, potentially lowering premiums – especially for leases with less than 80 years left to run and with high ground rent. It may be that some leaseholders will pay higher premiums under the new legislation.

Another potential factor impacting premiums is that leaseholders may be required to purchase intermediate interests.

Transaction costs are expected to also reduce, with each party generally bearing their own costs. Landlords can only recover costs in limited circumstances such as where the tribunal has made a costs order or in low value cases.

Shared ownership leases

Leaseholders will gain lease extension rights but generally cannot acquire the freehold of a house.

Impact on landlords

  • Loss of opposition rights: Landlords can no longer block claims based on redevelopment or reoccupation, though a limited right to claim possession on the grounds of redevelopment will be introduced.
  • Mandatory leasebacks: Leaseholders can require landlords to take 999-year leasebacks at peppercorn rent for non-participating units, reducing premiums further.

Timing and uncertainty

While leaseholders are delaying claims in anticipation of lower premiums and costs, the government has yet to complete its consultation on lease extension rates and still has some way to go before LAFRA 2024 will come into full force and effect. A Judicial Review currently being brought by landowners in the High Court may further delay implementation. Currently, the only certainty is uncertainty and all the while the leasehold clock continues to run down.

How we can help

Our Property Litigation team is well-versed in enfranchisement and lease extension claims and ready to guide you through the evolving legal landscape.

If you require assistance, please contact the team on  0203 814 2020 or send us an email to litigation@blasermills.co.uk.

Sadie Glover shortlisted at the Family Law Awards 2025

Posted on by Britt Thompson

We are proud to share that our Partner and Head of the Family and Divorce team, Sadie Glover, has been shortlisted alongside her colleagues in the Working Group on Pets on Divorce and Separation for the Family Law Community Interaction Award at the 2025 Lexis Nexis Family Law Awards.

The Family Law Awards is a prestigious annual event in the family law community, organised by LexisNexis. The awards recognise excellence, innovation and outstanding contributions across all areas of family law, highlighting the work of practitioners, teams and organisations who make a positive difference to families and the wider community.

The Working Group on Pets on Divorce and Separation campaigns for changes in the law to reflect the growing understanding that pets are not simply possessions, but valued members of the family whose welfare should be considered when relationships break down.

Commenting on the nomination, Sadie said:

“It is a privilege to be recognised alongside the Working Group for this important campaign. Pets play such an integral role in family life, and it is vital that the law keeps pace with that reality. I am proud to contribute to the efforts for meaningful change, which we all hope is on the horizon.”

The winners will be announced later this year.