Big changes could be coming to the homebuying process – and they’re good news for buyers and sellers. 🏡

The Government has announced plans to modernise the homebuying process, with reforms aimed at making property transactions faster, more transparent and less likely to fall through.

If introduced, the changes could:

✅ Reduce the average transaction time by around four weeks. ✅ Save first-time buyers an estimated £650. ✅ Cut the number of failed property sales.

So, what’s changing?

Upfront property information

Sellers will be expected to provide key information when a property is first listed, including details about the property’s condition, leasehold costs and chain status. This should help buyers make informed decisions earlier and reduce delays later in the process.

Earlier legal commitment

The Government is proposing earlier binding agreements between buyers and sellers, helping to reduce the number of transactions that collapse after months of negotiations.

Greater use of digital technology

Plans include digital property logbooks, electronic signatures, digital identity checks and AI-assisted conveyancing, all designed to streamline the conveyancing process and improve communication between all parties.

Higher professional standards

A new Code of Practice and proposals for mandatory qualifications for estate agents aim to improve consistency and raise standards across the industry.

While many of these reforms will be introduced over the coming years, they represent one of the biggest changes to the homebuying process in decades.

At Marsden Rawsthorn Solicitors, we welcome any reforms that improve transparency, reduce unnecessary delays and create greater certainty for our clients. Buying or selling a home should be an exciting milestone, not a stressful one, and we’ll continue to guide our clients through every stage of the conveyancing process as these changes develop.

If you’re planning to move home or would like advice on buying or selling a property, our conveyancing team is here to help, you can contact us on 01772 799600 or email newenquiries@marsdenrawsthorn.com

#Conveyancing #PropertyLaw #HomeBuying #HomeSelling #Solicitors #FirstTimeBuyers #PropertyMarket #MarsdenRawsthorn

Under the Employment Rights Act 2025, employers must now comply with a statutory requirement to maintain detailed records relating to employees’ annual leave and holiday pay. While many organisations already keep leave records, the new provisions demand greater accuracy, thoroughness, and retention.

What Employers Need to Know

The legislation requires employers to:

• Keep accurate and complete records of workers’ annual leave and holiday pay;
• Ensure records are readily producible in a reasonable format; and
• Retain those records for a minimum of 6 years.

Why This Matters

Poor record-keeping can create significant legal and financial risk for employers, particularly in disputes over holiday entitlement, underpayment claims, or compliance investigations.

For businesses, this is an ideal time to evaluate existing HR and payroll systems, confirm the accuracy of holiday calculations, and ensure record retention processes align with the new statutory requirements.

Practical Steps for Employers

Employers should:

• Conduct an audit of current annual leave and payroll records;
• Review holiday pay calculations and accrual methods;
• Ensure records are securely stored and easily retrievable; and
• Provide training to HR and payroll teams on the updated compliance obligations.

If you require any assistance, please contact us today on 01772 799600 or employment@marsdenrawsthorn.com.

What Is Probate?

If you’ve recently lost a loved one, you may have heard the word probate mentioned – often in a way that makes it sound daunting or complicated. In reality, probate is simply a legal document that allows a person’s estate to be dealt with properly after their death.

What does probate mean?

Probate is the legal authority needed to administer someone’s estate after they die.  The estate includes everything the deceased owned, such as property, savings, investments, and personal possessions.

If the deceased person left a valid will, probate is the process of proving that will and confirming that the named executors have the authority to act. Once probate is approved a grant will be issued by the Probate Registry and the executors can collect assets, pay debts, and distribute the estate in accordance with the will.

If there is no will, a similar process applies, but it is known as letters of administration, and the estate is dealt with under the rules of intestacy.

When is probate required?

Probate is not always necessary. Whether it is required depends on the type and value of assets in the estate.

Each estate is different, and banks and other organisations have their own thresholds.

What is a Grant of Probate?

A Grant of Probate or Grant of Letters of Administration are the official document issued by the Probate Registry. It confirms:

• That the will is valid
• Who is authorised to deal with the estate
• That inheritance tax reporting requirements have been met

Executors or Administrators will usually need to provide a copy of the Grant of Probate or Grant of Letters of Administration to banks, investment providers, and the Land Registry before assets can be transferred or sold.

What does the probate process involve?

Although every estate is different, the probate process generally includes:

1. Valuing the estate Identifying all assets and liabilities and calculating their value at the date of death.
2. Inheritance tax reporting Submitting the required inheritance tax forms to HMRC, even if no tax is payable.
3. Applying for probate Making the formal application to the Probate Registry.
4. Collecting assetsClosing accounts,

1. investments, and selling property if required.
2. Paying debts and expenses Settling outstanding bills, funeral expenses, and any inheritance tax due.
3. Distributing the estate Passing the remaining assets to the beneficiaries in line with the will or intestacy rules.

How long does probate take?

The timescale varies widely depending on the size and complexity of the estate.  Delays are common where property is involved, inheritance tax is payable, or information is difficult to obtain.

Do I need a solicitor for probate?

You are not legally required to use a solicitor. However, probate can be time-consuming and emotionally demanding, particularly at an already difficult time.

Professional help can be especially valuable where:

• The estate is complex or taxable
• There are multiple beneficiaries
• A property needs to be sold
• There are potential disputes or uncertainties

Final thoughts

Probate is an important legal process that ensures a person’s estate is dealt with correctly after their death. While it can feel overwhelming at first, understanding the basics can make it far less intimidating.

If you are acting as an executor or administrator and are unsure whether probate is required, or how to proceed, taking early advice can save time, stress, and potential problems later on.

If you need help with probate, our experienced team is here to guide you every step of the way – call 01772 799600

As solicitors, we often see the stress, confusion and conflict that can arise when someone passes away without a will. Yet many people still put off making one.

Here’s why writing a will is one of the most valuable steps you can take:

✅ You decide who inherits — not the law

✅ You can protect children by appointing guardians

✅ You reduce the risk of family disputes

✅ You can plan for inheritance tax more efficiently

✅ You appoint trusted executors to handle your estate

✅ Most of all, it gives peace of mind

A will isn’t just for the elderly or wealthy. Life events like buying a home, getting married, or starting a family are all key moments to ensure your wishes are legally protected.

📌 Don’t leave it too late. If you’d like clear, professional advice on making or updating your will, we’re here to help.

📞 Contact our team here at Marsden Rawsthorn Solicitors on 01772 799600 to discuss any of your matters and queries further.

⚖️ Mazur v Charles Russell Appeal Update ⚖️

We’ve reviewed the recent appeal decision and adapted our approach accordingly.

The latest article explains the key takeaways and what they mean in practice.

Why You Should Use a Solicitor to Write Your Will

Writing a will is one of the most important steps you can take to protect your loved ones — yet many people put it off or turn to DIY templates to save money. Unfortunately, a poorly written will can lead to confusion, disputes, and even legal battles later on. Here’s why it pays to get professional help from a solicitor:

1. Expert Legal Advice

Every family and financial situation is unique. A solicitor ensures your will reflects your personal circumstances, taking into account: • Second marriages or stepchildren • Property and business ownership • Inheritance tax • Foreign assets or complex estates They’ll make sure nothing — and no one — is overlooked.

2. Legal Validity

For a will to be legally binding, it must meet strict rules around signing, witnessing, and wording. A solicitor ensures your will is valid, clear, and watertight — so it stands up in law and avoids costly mistakes.

3. Prevent Family Disputes

Vague or DIY wills can cause family arguments. A solicitor provides impartial guidance and ensures your wishes are written clearly — leaving no room for misunderstanding.

4. Easy to Update

Life changes — and your will should too. A solicitor can help you review and update your will whenever your circumstances change (marriage, divorce, new children, property, etc.).

5. Peace of Mind

Solicitors are regulated professionals who carry insurance and follow strict standards. That means your estate — and your loved ones — are protected if anything goes wrong.

Final Thought

Your will is your voice when you’re no longer here. By using a qualified solicitor, you make sure your wishes are respected and your loved ones are cared for — exactly as you intend. 📞 Speak to our team today on 01772 799600 to arrange a confidential will consultation.

It’s a question many couples think about but often put off. You may share a home, finances, and a life together, so it can feel natural to assume that everything would pass to your partner if something happened to you. However, the legal reality in the England and Wales is quite different. Let’s look at some of the considerations.

What happens if you don’t make a will?

If you die without a will, your estate is distributed under the rules of intestacy. These rules follow a strict legal order that does not include unmarried partners. Your partner could be left with financial uncertainty at an already emotional time, particularly if they were relying on shared income or assets.

If you die without a will, your estate is distributed under the rules of intestacy. There are different rules in England & Wales, Scotland, and Northern Ireland, but in all three jurisdictions they follow a strict legal order that does not include unmarried partners. Your partner could be left with financial uncertainty at an already emotional time, particularly if they were relying on shared income or assets.

Your property may be more vulnerable than you think

Property can be a big area of concern. If you own your home as tenants in common, your own share of the property does not automatically pass to your partner.  This can leave your partner wondering what might happen to them with no right over your share of the home.  This could lead to disputes and your partner needing to sell the home.

Don’t forget inheritance tax

Another, often overlooked, issue is inheritance tax (IHT).  Married couples and civil partners benefit from a spousal exemption, meaning assets can pass between them without the immediate concern of inheritance tax. Unmarried couples do not receive the same protection. This means that even if you leave everything to your partner in a will, inheritance tax could still be a factor depending on the size of your estate. Without planning, your partner may face an unexpected tax bill at an already difficult time.

Blended families need extra care

If either or both of you have children from previous relationships, it is even more important to look at planning ahead. Without a will, your children are entitled to inherit your estate under the rules of intestacy, potentially leaving your partner with little or no financial security.

On the other hand, leaving everything to your partner without careful planning could unintentionally affect what your children eventually receive. A carefully drafted will allows you to balance both, which would ensure the protection and support of your partner, whilst also providing for your children in the way that you would want.

Peace of mind starts with a will

If you’re living with your partner but aren’t married or in a civil partnership, a will is one of the most important documents you can set up. It ensures that your partner is protected, considers the needs of any children from previous relationships, and helps you plan for potential inheritance tax issues.

Most importantly, it gives you peace of mind knowing that your wishes will be carried out in the way you choose and the life you’ve built together is properly safeguarded.

It is so important to have an initial conversation to see where you stand and what your options are.

Tax Planning Opportunities Before the End of the Financial Year

As the end of the financial year approaches, individuals and families often review their finances to ensure they are making the most of available tax allowances and reliefs. One often overlooked but highly effective strategy is gifting. Thoughtful gifting can not only support loved ones but also play a key role in efficient tax planning—particularly when it comes to inheritance tax (IHT).

Why Gifting Matters in Tax Planning

Gifting allows you to transfer wealth during your lifetime, potentially reducing the value of your estate. Since inheritance tax is typically charged on estates above a certain threshold, reducing your estate through legitimate gifting can lower the eventual tax burden on your beneficiaries.

Planning ahead is crucial—especially before the financial year ends—because many gifting allowances operate on an annual basis and do not roll over.

Key Gifting Allowances to Use Before Year-End

1. Annual Exemption

Each individual can gift up to £3,000 per tax year without it being added to the value of their estate for inheritance tax purposes.

• If you haven’t used last year’s allowance, you can carry it forward—but only for one year.
• This means a couple could potentially gift up to £12,000 before the tax year ends if both partners utilise current and previous allowances.

2. Small Gifts Allowance

You can give up to £250 per person per tax year to as many individuals as you like, provided they have not already benefited from your £3,000 exemption.

This is particularly useful for birthdays, holidays, or small financial support without tax implications.

3. Gifts for Weddings or Civil Partnerships

There are additional exemptions for gifts made in connection with weddings:

• £5,000 for a child
• £2,500 for a grandchild or great-grandchild
• £1,000 for anyone else

These gifts must be made before the ceremony to qualify.

4. Regular Gifts from Surplus Income

One of the most powerful and underused reliefs is the ability to make regular gifts out of surplus income.

To qualify:

• The gifts must be made regularly (e.g., monthly or annually)
• They must come from income (not capital)
• They must not affect your standard of living

When structured properly, these gifts are immediately exempt from inheritance tax, making them highly effective for long-term planning.

Potentially Exempt Transfers (PETs)

Larger gifts that fall outside the exemptions are known as Potentially Exempt Transfers.

• If you survive for seven years after making the gift, it becomes fully exempt from inheritance tax.
• If you pass away within seven years, the gift may still be taxed, though taper relief can reduce the liability over time.

This makes early planning essential—the sooner you start gifting, the more likely those gifts will fall outside your estate.

Timing Is Key

As the tax year ends, it’s important to review whether you have fully utilised your allowances. Missed opportunities cannot always be recovered, particularly for annual exemptions.

Taking action before the deadline ensures:

• Maximum use of allowances
• Immediate reduction in your taxable estate
• Better long-term wealth transfer planning

Practical Considerations

Before making gifts, it’s important to:

• Keep clear records of all gifts made
• Ensure affordability—never compromise your own financial security

Final Thoughts…

Gifting is more than just generosity—it’s a strategic financial planning tool. With careful planning and timely action before the end of the financial year, you can support your loved ones while improving tax efficiency.

Starting early, understanding the rules, and making full use of available allowances can make a significant difference to the legacy you leave behind.

If you would like to speak with our experienced team please call 01772 799600

The UK government is pressing ahead with plans to require conveyancers to register as tax advisers under new HM Revenue & Customs rules.

From May, professionals interacting with HMRC on behalf of clients — including those submitting stamp duty land tax returns — could be captured. The Law Society has warned this may slow housing transactions by adding complexity to an already pressured process.

There are, however, signs of flexibility. Following lobbying from UK Private Capital, parts of the financial services sector have secured a deferral until March 2027. HMRC has also suggested a possible “light-touch” approach, though details remain unclear.

Separately, proposals to seize interest on client accounts are still under review. Law Society president Mark Evans said discussions with justice minister Sarah Sackman were inconclusive — leaving open the possibility of changes or a rethink.

📌 Key takeaway: While reform is coming, the scope, timing, and real-world impact are still evolving.

Later life divorce is becoming more common — and more complex.

Often called “silver splitters”, these are couples separating after decades together. While the legal side is familiar, the financial impact can be significant — especially so close to retirement.

Some key realities:

🔹 Retirement plans are often disrupted Around 15% of people divorcing after 50 delay retirement due to the financial impact.

🔹 Pensions are 

overlooked Only 25% consider pensions in settlements 31% give up rights to a spouse’s pension Just 8% seek financial advice beforehand

These decisions can have long-term consequences.

🔹 Early financial input is essential In later life, there’s less time to recover financially. Decisions around pensions, assets and income are often irreversible — so getting the right advice early matters.

A more collaborative approach between legal and financial experts can:

• Give a clearer picture of long-term finances.
• Test whether settlements are actually sustainable.
• Support better, more confident decision-making.

The takeaway? Later life divorce isn’t just a legal process — it’s a financial turning point.

The best outcomes come from combining legal expertise with clear, practical financial guidance.

If you would like to speak with our experienced team please call 01772 799600

#FamilyLaw #Divorce #LaterLifePlanning #LegalProfession

The government have recently published the upcoming changes to SSP for employees, which will come into force on 6th April 2026, under the Employment Rights Act 2025.

The following changes will take effect from the 6th of April:

–        SSP will now be payable from day 1 of sickness absence (previously, SSP only became payable from day 4).

–        The lower earnings threshold has been removed. This means that all employees who are eligible will be entitled to SSP, regardless of their earnings.

–        The amount of SSP will now be paid at the lower end of the statutory rate (£123.25 per week for 2026/27), or 80% of the employees’ average weekly earnings, whichever is lower.

There are also provisions in the new government regulations for employees in transitional periods, where their period of absence began prior to 6th April. In this instance, there is still a waiting period to become eligible for SSP. For detailed information, please see the The Employment Rights Act 2025 (Commencement No. 3 and Transitional Provisions) Regulations 2026

As an employer, it is important to review your sickness absence policies in response to these changes. If you require any assistance in relation to this, please contact us today on 01772 7996000 or info@marsdenrawsthorn.com.

The Vento guidelines set out the different bands for an award of damages in relation to injury to feelings in discrimination cases.

After 6th April 2026, the Vento bands will now be: –

– Lower band– £1,300 to £12,600 in less serious cases,

– Middle band– £12,600 to £37,700 for cases that do not merit an award in the upper band,

– Upper band-£37,700 to £62,900 for the most serious cases. The most exceptional cases are capable of exceeding £62,900.

If you require any advice in relation to a potential (or ongoing) employment tribunal claim, please contact us today on 01772 799600 or email employment@marsdenrawsthorn.com

Nikah Marriages in the UK: Understanding Legal Recognition and Your Rights

There is a common misconception that an Islamic marriage in the UK—commonly referred to as a Nikah—confers legal marital status. This is not the case. Many couples enter into a Nikah and only later discover that their marriage has not been formally recognised under English law.

Where a Nikah has not been legally registered, the couple will be treated as cohabitees rather than spouses. This distinction carries significant legal and financial implications, particularly in the event of a relationship breakdown.

However, in countries where a Nikah is legally recognised, conducted under Islamic law, and the appropriate formalities have been carried out, this ensures that the marriage is legally binding and recognised in the UK.

At Marsden Rawsthorn Solicitors, we advise clients on the appropriate steps to protect their position. This may include preparing a cohabitation agreement to clearly regulate financial matters and living arrangements. For those seeking legal recognition of their relationship, it is necessary to undertake a civil marriage in addition to the Nikah. We also provide tailored prenuptial agreements, offering clarity, certainty, and a structured framework for the future if your marriage is validly recognised in the UK.

If you would like to speak with our Family Team please call 01772 799600.

From April 2026, a number of important changes to the law on to paternity and parental leave entitlement have come into force, with the aim of increasing flexibility and supporting families.

Day-One Rights Strengthened

One of the most notable changes is the introduction of “day-one” rights. Paternity leave and unpaid paternal leave are now available from day one of employment. The former qualifying periods- 26 weeks for paternity leave and 1 year for parental leave- have now been removed, enhancing flexibility for families. However, statutory paternity pay still requires employees to meet the necessary qualifying service.

Greater Flexibility in Paternity Leave

Eligible employees can now take statutory paternity leave in a more flexible manner. Rather than being restricted to a single continuous block, leave may be split into separate periods, allowing fathers and partners greater flexibility in timing their absence with family needs. For example, an employee could take one week at the time of birth and another week at a later agreed date.

Practical steps for Employers

Employers should review and update their policies immediately to reflect the new legal framework. It is particularly important to distinguish between leave entitlement and pay entitlement within all documentation. It is also advisable to provide training for HR and line managers so that all staff understand the changes, the new flexibility around leave, and the eligibility requirements for both leave and pay. Regular communication should be maintained to support staff queries and minimise disputes.

If you require any assistance, please contact us today on 01772 799600 or Employment@marsdenrawsthorn.com

The government has launched a consultation on major family law reforms aimed at improving financial protection for unmarried couples when relationships end.

The proposals would apply to couples who have lived together for at least three years or have a child together. Currently, many cohabiting couples have fewer legal rights than married couples, despite there being around 3.5 million unmarried couples in the UK.

Key proposed changes include:

• Greater financial protection for cohabiting couples after separation.
• Automatic inheritance rights for unmarried partners if their partner dies without a will.
• More consideration of domestic abuse, including coercive control and economic abuse, when courts make financial decisions.
• Legally binding nuptial agreements, giving greater certainty to couples who enter into them.

Justice Secretary David Lammy said the reforms aim to create a fairer system that protects vulnerable people, including those affected by bereavement or domestic abuse.

Family law organisation Resolution welcomed the announcement, arguing that current laws have failed to keep pace with modern relationships and can leave unmarried partners facing significant financial hardship after separation or death.

Lawyers have also highlighted the potential benefits of making nuptial agreements legally binding, saying it could provide greater certainty for couples and reduce pressure on the family courts.

However, the Law Society warned that any new rights must be supported by adequate legal aid and court resources to ensure people can access and enforce those protections in practice.

The consultation marks a significant step towards modernising family law and addressing long-standing concerns about the lack of legal rights for cohabiting couples.

If you require any assistance, please contact us today on 01772 799600 or family@marsdenrawsthorn.com