Planning for the future and administering the estates of those we have lost are among the most important legal services a solicitor provides. At Blackhurst Budd, wills, probate and inheritance have been part of our work throughout our 150 years of practice in Blackpool. But the law in this area, and the people it serves, has changed enormously since William Blackhurst first opened his doors in 1876.

Wills and Inheritance in 1876

In Victorian England, making a will was largely the preserve of those with property and assets worth passing on. For the majority of the population, there was simply not enough to warrant the formality, and the cost of instructing a solicitor placed will-making out of reach for most ordinary working people.

The Wills Act 1837 had established the formal requirements for a valid will that still apply in large part today: the will must be in writing, signed by the testator, and witnessed by two independent witnesses. In that respect, the basic legal framework has shown remarkable continuity. But the social context in which wills were made in 1876 was very different.

Inheritance in Victorian England was also shaped by assumptions about gender and family that have since been dismantled. Married women could not own property independently until the Married Women's Property Act 1882, which meant that the entire question of what a wife might leave on her death was largely academic for most of the period. Estates passed through male lines, primogeniture governed the inheritance of land, and the legal treatment of illegitimate children was harsh and largely exclusionary.

Providing for Dependants

One of the most significant developments in inheritance law during the twentieth century was the introduction of the right for family members and dependants to make a claim against an estate where adequate provision had not been made for them.

Before this, the principle of testamentary freedom meant that a person could leave their estate to whoever they chose, with very limited recourse for those left without provision. The Inheritance (Provision for Family and Dependants) Act 1975 changed this, giving the courts the power to make reasonable financial provision for a spouse, former spouse, child, or other dependant where the will or the rules of intestacy failed to do so.

It was a reform that reflected a broader shift in how the law understood family relationships and financial dependency, and it remains a significant area of practice for solicitors advising on estate planning and disputes today.

Intestacy: Dying Without a Will

The rules that govern what happens when someone dies without a valid will have also changed significantly over 150 years. In 1876, the intestacy rules were heavily weighted in favour of male heirs and did not reflect the more varied family structures that are common today.

The modern intestacy rules, most recently updated by the Inheritance and Trustees' Powers Act 2014, attempt to reflect contemporary expectations about how an estate should pass within a family. Surviving spouses and civil partners are better protected than they were historically, and the rules have been updated to reflect the legal recognition of civil partnerships introduced in 2004.

Cohabiting partners, however, still have no automatic entitlement under the intestacy rules, regardless of the length of the relationship. It is one of the most common misconceptions in estate planning, and one of the strongest arguments for making a will, that a long term partner has no right to inherit without one.

Lasting Powers of Attorney

No discussion of this area of practice would be complete without reference to Lasting Powers of Attorney, which allow a person to appoint someone they trust to make decisions on their behalf if they lose mental capacity. The LPA framework, introduced by the Mental Capacity Act 2005, replaced the older Enduring Power of Attorney system and significantly broadened the scope of planning available to individuals thinking ahead.

In 1876, there was no equivalent framework. The concept of planning formally for incapacity, as distinct from death, simply did not exist in the way it does today. The growth of LPAs as a routine part of estate planning reflects both an ageing population and a much greater awareness of the importance of planning ahead.

Wills and Probate Today

Today, Blackhurst Budd advises clients on wills, Lasting Powers of Attorney, estate planning and the administration of estates following bereavement. The legal framework is considerably more developed than anything a Victorian solicitor would have encountered, and the range of people who benefit from these services is vastly broader.

But the underlying purpose has not changed. Helping people plan for the future, protect those they care about, and navigate one of life's most difficult processes with clarity and support: that has been part of what we do throughout our 150 years in Blackpool and The Fylde Coast, and it remains as important today as it has ever been.