150 Years of Family Law: How Much Has Changed?

Family law is one of the most personal areas of legal practice. It deals with the relationships and arrangements that matter most to people: marriage, separation, and children. At Blackhurst Budd, it has been a core part of what we do for generations.

But the family law of 2026 would be almost unrecognisable to the solicitors practising in 1876. The changes over 150 years reflect not just legal reform, but a fundamental shift in how society understands family life itself.

Marriage in 1876

In 1876, marriage was a largely permanent legal institution. Divorce existed, but it was expensive, socially stigmatising, and practically inaccessible to most people. The Matrimonial Causes Act of 1857 had established a civil divorce court for the first time, removing the need for a private Act of Parliament, but the process remained beyond reach for the majority of the population.

Grounds for divorce were also heavily weighted against women. A husband could divorce his wife on the grounds of adultery alone. A wife seeking divorce needed to prove adultery combined with additional grounds such as cruelty or desertion. The law reflected the social assumptions of the time: that marriage was a contract in which the parties were not equal.

Laying the founding stone for Blackpool Tower

Married women had very limited legal rights in 1876. The Married Women's Property Act, which gave women the right to own property independently of their husbands, did not come until 1882. Before that, a woman's property passed to her husband on marriage. The legal identity of a married woman was, in most practical respects, subsumed into that of her husband.

How the Law Changed

The twentieth century brought profound change to family law. Divorce was made more accessible through successive reforms, and the grounds were gradually broadened. Legal aid, introduced after the Second World War, meant that access to legal services in family matters was no longer determined solely by the ability to pay.

The concept of irretrievable breakdown as the sole ground for divorce, introduced in England and Wales in 1973, represented a significant shift in how the law understood the end of a marriage. No longer was it necessary to establish fault or wrongdoing: the law began to recognise that marriages could simply end, without the need for one party to be found to blame.

More recently, no fault divorce became available in April 2022, removing the requirement to make allegations against a spouse even within the irretrievable breakdown framework. It was a reform that practitioners had advocated for many years, and one that has changed the way many family law matters are now handled in practice.

Children and Family Arrangements

In 1876, the legal framework around children was also very different. Fathers held almost absolute rights over their children. Mothers had very limited legal standing in disputes over custody, and the welfare of the child was not yet established as the central consideration it is today.

The principle that the child's best interests should be the paramount consideration in legal proceedings was developed through the twentieth century and is now fundamental to family law practice. The Children Act 1989 remains the cornerstone of modern child law in England and Wales, establishing a framework built around the welfare of the child rather than the rights of parents.

Family Law Today

At Blackhurst Budd, our family law team advises clients on divorce and separation, arrangements for children, and financial settlements. The legal framework within which we do that work is unrecognisable from 1876, but the need for clear, sensitive advice at some of life's most difficult moments has not changed at all.

As we mark 150 years of practice in Blackpool this year, that continuity is something we reflect on with both pride and a genuine sense of responsibility.

What Has Changed in Conveyancing Since 1876?

Conveyancing has always been at the heart of what Blackhurst Budd does.

From the earliest days of the Blackhurst practice in 1876 through to the thousands of property transactions we handle across Blackpool and the Fylde Coast today, helping people buy and sell property has been a constant thread running through 150 years of legal practice.

But the conveyancing process of 2026 would be almost unrecognisable to a solicitor practising in Blackpool in 1876.

View from Blackpool Tower c. 1899

The changes over that period reflect not just legal reform, but the transformation of Blackpool itself, the rise of home ownership, the development of the mortgage market, and the impact of technology on almost every stage of a property transaction.

Property in Blackpool in 1876

When William Blackhurst established his practice in Blackpool in 1876, the town was still in the early stages of its rapid growth.

Blackpool had only just become a borough and the population was little more than 7,000. Large parts of the Fylde Coast that are now heavily developed were still far more rural in character.

Property ownership was also very different from today.

Most people rented rather than owned their homes, and buying property was largely limited to wealthier individuals, landowners, and the businessmen helping develop Blackpool’s growing hotels, boarding houses and commercial premises.

The legal process itself was slow and heavily dependent on paperwork.

There was no central register of ownership. Instead, ownership had to be proven through bundles of title deeds, often stretching back decades. Every transaction required a solicitor to physically examine those documents, tracing ownership through long chains of paper records and checking for anything that might affect the buyer’s rights.

A conveyancing file in Victorian Blackpool would have looked very different from the digital systems used today.

The arrival of land registration

One of the biggest changes in conveyancing came with the gradual introduction of land registration.

The Land Registration Act 1925 established the framework for a central register of land ownership in England and Wales, administered by HM Land Registry.

However, compulsory registration was introduced gradually across the country over many decades rather than all at once. In many areas, including Blackpool and the Fylde Coast, property transactions continued to rely heavily on traditional title deeds for years afterwards.

Compulsory registration did not fully extend across all of England and Wales until 1990.

That means solicitors in Blackpool spent much of the twentieth century working through a mixture of registered and unregistered land, with older title deeds remaining an important part of conveyancing practice for generations.

Today, by contrast, the majority of property transactions involve electronically accessible title registers and plans held by HM Land Registry.

Mortgages changed everything

The way people buy property has also changed dramatically.

In 1876, mortgage borrowing was far less accessible than it is today. Home ownership was not viewed as a normal aspiration for much of the working population, and finance options were limited.

Modern conveyancing on the Fylde Coast is closely tied to the mortgage market.

Most residential purchases now involve a lender, meaning the solicitor acts not only for the buyer but also for the bank or building society. This brings additional checks, lender requirements and regulatory obligations into almost every transaction.

The modern conveyancing solicitor must balance the needs of multiple parties while ensuring strict compliance with lender instructions and anti-money laundering requirements.

Searches and investigations

Victorian solicitors would also be surprised by the number of searches involved in a modern property transaction.

Today, buyers in Blackpool and across the Fylde Coast routinely receive:

• Local authority searches

• Drainage and water searches

• Environmental searches

• Flood risk information

• Coal and mining reports in some areas

These searches provide information that simply would not have been available in 1876.

Modern conveyancing is as much about identifying hidden risk as it is transferring ownership.

SDLT and increasing complexity

Tax is another area that has become significantly more complicated.

Stamp duties have existed in various forms for centuries, but the modern Stamp Duty Land Tax regime bears little resemblance to anything a Victorian solicitor would have dealt with.

Rates, thresholds, surcharges and reliefs now create a level of complexity that requires careful analysis on almost every transaction.

What was once a relatively straightforward duty has evolved into a major part of the modern conveyancing process.

Technology and the modern transaction

Perhaps the most obvious difference between 1876 and 2026 is technology.

The Victorian conveyancing process relied entirely on handwritten documents, physical deeds and correspondence sent by post.

Today, transactions are driven by:

• Email and digital communication

• Online identity verification

• Electronic document sharing

• Digital case management systems

• Increasing use of electronic signatures

Clients now expect updates instantly rather than waiting days for letters to arrive.

Even so, despite the technology, property transactions have not necessarily become less pressured. If anything, the pace and expectations of modern conveyancing have increased significantly.

Some things have not changed

For all the change over the last 150 years, some things remain remarkably familiar.

Buying or selling property is still one of the most important financial decisions most people will ever make.

Clients still want reassurance.
They still want clarity.
And they still want someone to identify problems before they become expensive mistakes.

That was true when William Blackhurst first practised on Church Street in 1876, and it remains true today.

150 years of conveyancing in Blackpool and the Fylde Coast

As Blackhurst Budd marks 150 years of legal practice in Blackpool, conveyancing remains a core part of what we do.

The systems, laws and technology may have changed dramatically since 1876, but our role has remained consistent: helping people across Blackpool and the Fylde Coast move forward with confidence.

For a century and a half, property has been at the centre of people’s lives.

And for 150 years, it has been at the centre of ours.

1876 vs 2026: How Much Has Changed in 150 Years?

This year, Blackhurst Budd marks 150 years since the Blackhurst practice was first established in Blackpool. It is a milestone that invites reflection, not just on the firm and the town, but on how profoundly life itself has changed since William Blackhurst first opened his doors in 1876.

So, in the spirit of the anniversary, here is a look at the world then and now.

The Price of a Home

Construction of Blackpool Tower c. 1892

In 1876, the average price of a terraced house in a northern town like Blackpool was in the region of £80 to £150. Today, the average house price in Blackpool sits at around £160,000, meaning property is roughly 1,000 to 2,000 times more expensive in cash terms than it was when William Blackhurst was first advising his clients on their conveyancing.

Of course, wages have risen too. But for anyone who has recently gone through the house buying process, the comparison is a useful reminder that it has never been straightforward. Fortunately, some things have not changed, including the value of having a good solicitor in your corner.

Getting Around

In 1876, the railway had already transformed travel in Britain, and Blackpool was well connected by train. But for most people, day to day movement meant walking or, if you were fortunate, a horse and carriage. The motor car was still a decade away. The tram network that would become synonymous with Blackpool's promenade would not arrive until 1885. And the idea of travelling from Blackpool to London in just over two hours, as is possible today, would have seemed remarkable.

A Week's Wages

In 1876, a skilled tradesman might expect to earn around 30 to 35 shillings per week, roughly £1.50 in today's currency, though the purchasing power was considerably greater. An unskilled labourer would earn significantly less. Today, the UK national living wage for a full time worker equates to roughly £23,000 per year. The nature of work has changed just as dramatically as the numbers: in 1876, the majority of Blackpool's working population was employed in trades, domestic service, or the emerging tourism industry.

Daily Life

In 1876, there was no electricity in the home. No running hot water as standard. No telephone, no television, no internet. News travelled by newspaper, and even that arrived a day late in many parts of the country. Life expectancy at birth in England in the 1870s was approximately 41 years, a figure shaped significantly by high infant mortality rather than people simply dying young, but stark nonetheless when compared to today's average of around 81 years.

By contrast, in 2026, most of us carry a device in our pocket that provides instant access to almost all of human knowledge, connects us to people anywhere in the world, and increasingly helps us draft our own legal documents. Whether that last point is entirely to be welcomed is perhaps a separate question.

The Legal Profession

In 1876, solicitors occupied a very different role in public life. Legal services were largely inaccessible to ordinary working people, something reserved for those with property, means, or a pressing dispute that could not be avoided. The idea of a solicitor helping a first time buyer through a straightforward residential purchase, or a family planning ahead with a will, was not yet the norm.

Today, Blackhurst Budd advises clients from all walks of life, across a full range of legal matters. The profession has opened up considerably, and access to clear, practical legal advice is something far more people are able to benefit from than would have been the case when William Blackhurst first set up his practice on Church Street.

One Thing That Has Not Changed

Blackpool itself has changed beyond all recognition since 1876, from a small borough of 7,000 people to the vibrant coastal town it is today, with all the history, character, and community that 150 years of growth brings. But through all of it, the Blackhurst name has been part of the story.

As we mark our 150th anniversary in 2026, we do so with genuine pride in that connection, and with every intention of still being here for whatever the next 150 years brings.

Blackhurst Budd is celebrating 150 years of legal services in Blackpool in 2026.

How We Discovered Blackhurst Budd's 150-Year History

For many years, our website described Blackhurst Budd as having "a rich history dating back to the 1920s." It was a statement we had never seriously questioned. Like many long-established firms, the story had been passed down, repeated, and accepted as fact.

That changed when we began planning what we believed would be a centenary milestone in 2025.

Questioning Our Own History

We set out to answer a straightforward question: when did legal services under the Blackhurst name first begin in Blackpool?

Initial research focused on the 1920s, consistent with what we had always understood. But it quickly became clear that this was only part of the story. The records pointed further back and the further back we looked, the more the picture changed.

Going Back to the Records

To establish a definitive answer, we turned to historical Law Lists and professional directories. Early searches confirmed that by the 1920s, the Blackhurst name was already well established across Blackpool and the wider Fylde Coast. But those records also made clear that the 1920s represented a period of growth, not a point of origin.

Working backwards through the records, the Blackhurst name can be traced in Lancashire as far back as 1813, based in Preston. The key discovery, however, was the formal listing of the Blackhurst practice as operating in Blackpool by 1876, the earliest clear, documented evidence of the firm's presence in the town.

Blackpool in 1876

The significance of that date becomes clearer when placed in its historical context. In 1871, Blackpool's population stood at just over 7,000. By 1881 it had doubled. The town was growing rapidly, its promenade extending, its professional infrastructure still taking shape. 1876 was also the year Blackpool was incorporated as a borough.

It was in that environment that William Blackhurst established his practice. At the time, only a small number of solicitors were in practice in Blackpool. The legal profession was developing in step with the town itself.

How the Firm Developed

Over the decades that followed, the practice evolved considerably. Operating under a number of names, including W & A Blackhurst and later Blackhurst Parker & Co, the firm expanded across the region, eventually establishing offices in Blackpool, Preston, Lancaster, Garstang and Lytham St Annes.

Alongside this, other well-established Blackpool firms were building their own reputations: John Budd & Co, Lawsons Samuels Capaldi, Coope Purvis and Taylor, and Shaw Davenport & Wardle, each with deep roots in the local community.

Birds eye view from Blackpool Tower 1899

In 2009, those histories came together. The merger that formed Blackhurst Budd brought several of the town's most established legal practices under one name, with a further merger in 2010 completing that process. What exists today is not the continuation of a single firm, but the result of more than a century of development across multiple long-standing practices.

What the Discovery Means

Uncovering the 1876 date did more than extend our timeline. It confirmed that Blackhurst Budd has been part of Blackpool's story from a time when the town itself was still taking shape, advising families across generations, supporting local businesses, and playing a consistent role in the professional life of the community.

In 2026, we mark 150 years since the Blackhurst practice was first established in Blackpool. The law has changed significantly over that time. So has the town, and so have we. But the core of what we do, providing clear, practical legal advice to the people and businesses we serve, has remained constant throughout.

This anniversary is not simply a moment to reflect on where the firm began. It is a recognition of the responsibility that history carries, and a reaffirmation of our commitment to the community we have served for 150 years.

Blackpool Law Firm Marks 150 Years of Service to the Community

Blackpool solicitors Blackhurst Budd are marking a significant milestone in 2026, celebrating 150 years since the Blackhurst practice first established a presence in the town in 1876.

The anniversary cements the firm’s position as one of the longest-standing legal practices in the North West, with roots that trace back to a pivotal moment in Blackpool’s own development. In the same year that the town was granted municipal borough status, William Blackhurst formally established his practice on Church Street, at a time when Blackpool’s population stood at just over 7,000.

From the expansion of the promenade and the construction of the Tower, through two World Wars and into the modern era, the firm has remained a constant presence supporting local families and businesses.

Warren Spencer, Managing Director of Blackhurst Budd, said:

“One hundred and fifty years in practice is not just a milestone for the firm, it reflects a long-standing relationship with the people and the community we serve.

We have advised generations of families at the moments that matter most, from buying their first home to planning for the future, and through some of life’s more difficult situations.

The law has changed enormously over that time, and so have we. But the need for clear, honest advice from someone who understands the local community has not changed at all. That is what has defined this firm for 150 years, and it is what will continue to define us going forward.”

The Blackhurst name has been part of Blackpool’s professional landscape since the 19th century, operating under a number of partnerships as successive generations shaped the firm.

Running alongside this history was John Budd & Co, another well-established Blackpool firm which began practice in the 20th century and developed its own strong reputation within the local community.

The modern firm was formed in 2009 through the merger of Blackhursts LLP and John Budd & Co, alongside LSC Solicitors and later Coope, Purvis and Taylor, bringing together several of the town’s most established legal practices under one name.

Today, Blackhurst Budd advises individuals and businesses across a full range of legal services, including family law, residential and commercial conveyancing, wills and probate, fire safety law and commercial matters. With a large and experienced team, the firm remains one of the most recognised and trusted legal names on the Fylde Coast.

To mark the anniversary year, the firm will be launching a series of initiatives celebrating both its heritage and its place within the community, including a “Blackpool Then & Now” competition on their Facebook account inviting local residents to share photographs and stories of how the town has changed over time.

As Blackhurst Budd looks to the future, the focus remains firmly on continuing the role it has played for the past 150 years, providing trusted legal advice to the people and businesses of Blackpool.

Pictured: The current Directors at Blackhurst Budd L-R: Tom Fielding, Briony Haley, Sharon Emslie, Rose Spencer, Jenny McPhee, Warren Spencer.

Why "I'll Write My Will Later" Is the Most Expensive Phrase in Estate Planning

Most people know they should have a will. Most people don't have one. Research from 2025 found that only around 37% to 41% of UK adults have a valid will in place, meaning that the majority of the population has made no legal provision for what happens to their estate when they die.

The most common reason people give? They simply haven't got around to it.

It's understandable. Writing a will forces you to think about your own death, and that's uncomfortable. But the cost of putting it off, financially and emotionally for the people you leave behind, can be enormous.

What actually happens if you die without a will

Without a valid will, your estate is distributed according to the intestacy rules set out in law. Those rules follow a rigid hierarchy that takes no account of your wishes, your relationships, or your family's circumstances. Unmarried partners inherit nothing. Stepchildren inherit nothing. A long-term partner you've lived with for decades has no automatic right to your home, your savings, or your possessions.

Even for married couples, the rules don't simply hand everything to your spouse. If you have children and your estate exceeds £322,000, the portion above that threshold is split between your spouse and your children. In practice this can create real financial difficulties, particularly if your main asset is a family home.

Marriage, separation and an old will

If you already have a will, that may not be enough. In England and Wales, getting married automatically revokes a previous will unless it was made in specific contemplation of that marriage. Divorce does not revoke a will entirely but removes your former spouse as a beneficiary and executor. If you remarry without updating your will, your new spouse is not automatically included.

Wills can also become outdated simply through life changing. Children are born, grandchildren arrive, relationships break down, assets change. A will drafted 15 years ago may bear little resemblance to your actual wishes today.

The executor problem nobody talks about

Even a valid, up-to-date will can cause serious difficulties if the wrong people are appointed to carry it out.

An executor is the person responsible for administering your estate: gathering assets, paying debts, dealing with HMRC, and distributing what remains to your beneficiaries. It is a legally responsible role that can take months, sometimes years, to complete.

Many people appointed executors decades ago without revisiting the decision. A solicitor who has since retired or closed their practice. A sibling who has died. A trusted friend who is now in their eighties and simply not in a position to take it on. In each case, the estate faces delays and complications at exactly the moment when families least need them.

There is also the question of family dynamics. Appointing two or more of your children as joint executors can seem fair, but if those relationships are strained, it can bring administration to a standstill. Joint executors must act unanimously. Where there is disagreement — over valuations, over the sale of a property, over almost anything — the process can grind to a halt. What should take months can take years, at significant emotional and financial cost to everyone involved.

Reviewing your choice of executor is as important as reviewing the will itself. A professional executor, such as a solicitor, can be appointed alongside or instead of family members, providing experience, impartiality, and continuity regardless of what changes in your personal circumstances.

The inheritance tax question

A well-drafted will is also one of the most effective tools in managing your inheritance tax position. Without planning, a larger portion of your estate may be exposed to inheritance tax at 40% above the nil rate band of £325,000 than necessary. A solicitor can advise on how to structure your estate to make the most of available reliefs and allowances, including the residence nil rate band, which can add a further £175,000 of relief when a property passes to direct descendants.

How long does it actually take?

For most people, making a straightforward will takes one or two meetings with a solicitor and a few weeks from start to finish. It is not expensive, it is not complicated, and once it is done you will have peace of mind that the people who matter most to you are protected.

The bottom line

"I'll write my will later" is the phrase that leaves families in court, in conflict, and in financial difficulty. If you have assets, dependants, or a partner you are not married to, later is not a plan.

Our private client team can help you put a will in place that reflects your wishes. Get in touch to arrange an initial conversation.

Cohabiting Couples Have Fewer Rights Than You Think: Here's What to Do About It

There are around 3.6 million cohabiting couples in England and Wales, and a significant portion of them are living with a dangerous misunderstanding. Many believe that living together for a number of years, or having children together, creates something called a "common law marriage" that gives them similar legal protections to married couples. It does not. There is no such thing as a common law marriage in English law, and never has been.

The legal reality

Cohabiting couples have no automatic right to each other's property, savings, pensions, or assets regardless of how long they have been together. If your relationship ends, there is no legal duty for one partner to financially support the other. If your partner dies without a will, you will inherit nothing from their estate under the intestacy rules, even if you lived together for decades. In that situation, the estate would instead pass to their closest relatives, potentially leaving a surviving partner without a share of a property they have lived in and contributed to for years.

There is also no provision for pension sharing between cohabiting couples. This can create a significant financial disparity in retirement, particularly where one partner has reduced their working hours or left employment entirely to care for children or the home.

When property is involved

If you are not named on the title deeds of your home, you have no automatic right to stay in the property if your partner ends the relationship or dies. In some cases, a court may find that you have a beneficial interest in the property if you can demonstrate financial contributions towards the deposit or mortgage, or if there was a clear understanding that you would have a share. But this is a complex and uncertain area of law that requires you to bring a claim under the Trusts of Land and Appointment of Trustees Act 1996, which is expensive, stressful, and not guaranteed to succeed.

What you can do right now

The good news is that you can take practical steps to protect yourself. A cohabitation agreement is a legally recognised document that sets out how you and your partner intend to manage property, finances, and assets during your relationship and what happens if it ends. It can be tailored to your circumstances and updated as your life changes.

If you own or are buying property together, a Declaration of Trust records each person's financial contribution and their respective ownership share. This provides important protection if the property is sold or if the relationship breaks down.

Making a will is essential. Without one, your partner will receive nothing from your estate under the intestacy rules. A will ensures that the people you want to benefit actually do.

Is change on the way?

There is growing political pressure for reform. The Labour government has committed to consulting on cohabitation law reform in Spring 2026, with proposals that could eventually give long-term cohabiting couples some automatic financial rights on separation and death. However, these reforms are not yet law, will take time to pass through Parliament, and are unlikely to offer the same level of protection as marriage. The best protection available to cohabiting couples right now is proper legal planning.

Our family law and estate planning teams work closely together to ensure you receive seamless, joined-up advice tailored to your individual circumstances. If you would like to discuss your situation, please do not hesitate to get in touch with our experienced team today — we are here to help.

Call us on 01253 629300.

Blackhurst Budd Wins Best Legal Service at SPU North West Awards

Blackhurst Budd Solicitors are celebrating success after winning Best Legal Service at the Solo Parents United (SPU) North West Awards 2026.

The awards ceremony took place at Ribby Hall Village in Lancashire and brought together solo parents, community organisations and local businesses from across the region. The event celebrates individuals and organisations that make a meaningful difference to the lives of single parent families.

Solo Parents United (SPU) is a UK based community that supports people raising children without a long term partner. Through local events, peer support and national initiatives, the organisation aims to reduce isolation and create a strong support network for solo parents and their children.

Blackhurst Budd’s Family Law team regularly supports individuals with matters such as separation, divorce and child arrangements. Alongside family law, the firm also provides a wider range of legal services that are often important for parents and families, including wills and probate advice, lasting powers of attorney and residential property services.

Sharon Emslie, Head of Family Law at Blackhurst Budd, said:

“Winning Best Legal Service at the SPU North West Awards is a real honour for our team. Supporting families through difficult situations is at the heart of what we do, and it means a great deal to be recognised by an organisation that works so closely with solo parents.”

The award reflects Blackhurst Budd’s commitment to providing clear, practical and compassionate legal advice while continuing to support families and communities across Blackpool and the Fylde Coast.

Lasting Powers of Attorney: Replacement Attorneys – What You Should Know

What Is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or more individuals to make decisions on your behalf if you are unable to do so. These decisions can relate to your Property and Financial Affairs or your Health and Welfare.

Importantly, a Property and Financial Affairs LPA can be used even while you still have the capacity to make decisions, provided you give your consent. On the other hand, the Health and Welfare LPA only comes into effect when you are deemed to lack mental capacity. For more details on the importance of a Health and Welfare LPA, click here.

What Is a Replacement Attorney?

The individuals you appoint to make decisions on your behalf are known as Attorneys. You can appoint up to four Attorneys and decide how they should work together when making decisions.

However, it’s important to consider what would happen if one or more of your Attorneys are no longer able to act. This is where Replacement Attorneys come in. They are appointed to step in if any of the original Attorneys become unable to fulfil their role.

You can also decide under what circumstances the replacement Attorney should step in. They can either replace a specific Attorney or take over only if all the original Attorneys can no longer act.

When Are Replacement Attorneys Needed?

There are several reasons why an original Attorney may become unable to act, including death, mental incapacity, bankruptcy, or simply choosing to step down from the role.

If any of these situations arise and no replacement Attorney has been appointed, you could be left without an Attorney to make decisions on your behalf. In such cases, you would need to create a new Lasting Power of Attorney. However, if you have lost mental capacity, you wouldn’t be able to make a new LPA. This would require an application to the Court of Protection for a Deputy to be appointed to manage your affairs.

How Do Replacement Attorneys Operate?

A replacement Attorney cannot act while the original Attorneys are still able to unless you have specifically stated that they can take over for a particular Attorney. For instance, you might specify that a child of one of the original Attorneys can replace them if they become unable to act.

If a replacement Attorney does step in, they generally act alongside the remaining original Attorneys or other replacement Attorneys, depending on the instructions set out in the LPA. In many cases, this means that all Attorneys capable of acting must make decisions jointly. However, you have the option to specify that the Attorneys can act jointly and severally, meaning they can make decisions either together or individually.

Whether an Attorney is original or a replacement, they are legally required to act in accordance with the Mental Capacity Act 2005 and always act in your best interests.

Having a Lasting Power of Attorney in place, with carefully chosen replacement Attorneys, ensures your wishes are followed even if circumstances change. It provides peace of mind that someone you trust will manage your affairs should your original Attorneys be unable to do so.

Renters Reform and the End of Section 21 What Landlords Need to Know Now and What Is Coming Next

For many years, landlords in England have relied on Section 21 of the Housing Act 1988 as a means of regaining possession of their property. Often referred to as the no fault eviction process, it allowed landlords to bring a tenancy to an end without needing to prove wrongdoing, provided the correct procedure was followed.

While lawful, Section 21 has been the subject of increasing criticism. As renting has become a long term reality for more people, successive governments have faced pressure to provide greater security for tenants while maintaining a workable system for landlords.

This has resulted in the most significant proposed reform of the private rented sector in decades. Central to that reform is the abolition of Section 21. However, despite widespread media coverage, it is important to be clear about what has changed, what has not yet changed, and how landlords should respond during this period of transition.

At the time of writing, Section 21 is still in force. Landlords are still legally entitled to serve a Section 21 notice provided all statutory requirements are met. These include compliance with deposit protection rules, provision of prescribed information, valid gas safety and energy certificates, and correct notice periods.

However, the legal landscape is changing.

The Renters Reform legislation has now passed through Parliament. It sets out a framework for abolishing Section 21 and moving to a system where landlords must rely on specific statutory grounds to regain possession. The intention is that Section 21 will be abolished from 1st May 2026, subject to commencement regulations.

This places landlords firmly in a transitional period. The current law still applies, but future restrictions are approaching. Decisions made now can have long term consequences.

Once Section 21 is abolished, landlords will no longer be able to regain possession simply by serving notice. Instead, possession will only be available where one of the statutory grounds is made out. These grounds include rent arrears, serious breaches of tenancy obligations, or a genuine intention to sell or occupy the property.

While many of these grounds already exist under Section 8, the new regime is expected to place greater emphasis on evidence and procedural accuracy. Courts are likely to scrutinise claims more closely, and errors may be harder to remedy.

For landlords, this represents a fundamental shift. Under Section 21, compliance failures often meant delay but not necessarily the loss of the right to possession altogether. Under the new system, mistakes may result in claims failing entirely.

This is particularly important during the transition. Some landlords are considering serving Section 21 notices now without fully understanding whether the notice is valid. Others are delaying action in the belief that Section 21 has already been abolished, which is not the case.

We regularly advise landlords who discover too late that a notice was defective or that documentation was incomplete. By the time the issue comes to light, months may have passed and opportunities lost.

We also work with landlords who are planning ahead for the new regime. This includes reviewing tenancy agreements, ensuring records and compliance are in order, and advising on the evidential requirements that will apply once Section 21 is removed.

It is also important to understand that transitional provisions are likely to apply. Notices served before the abolition date may still be relied upon for a period afterwards. The detail of these arrangements will matter greatly and is an area where misunderstanding could prove costly.

As the law changes, disputes are likely to increase before the new system settles. Landlords who rely on outdated assumptions or general information risk delay, additional cost and frustration.

Our role during this period is to provide clarity. We help landlords understand their current rights, plan for future changes, and take action in a way that protects their investment.

Renters reform does not mean landlords will be unable to regain possession. It does mean that how and when possession can be recovered is changing. The margin for error is narrowing.

By taking advice early and approaching the transition strategically, landlords can avoid unnecessary risk and ensure they remain compliant as the law evolves.

 Call 01253 623900 to speak to our landlord and tenant specialist, Megan Langley.