Later Life Divorce: What Happens to Your Retirement?

Divorcing over 50 can have a serious impact on your pension and retirement plans.
Our family law team in Wirral explains what to watch out for — and how to protect yourself.

Divorce is never straightforward, but ending a marriage later in life brings a particular set of financial
challenges that are easy to overlook in the middle of an already stressful process.

At Burd Ward Solicitors, we work with clients across the Wirral and Merseyside who are navigating divorce at 50,
60, and beyond. One thing we see time and again is that the financial consequences — especially around pensions
and retirement income — only become apparent further down the line, often when it’s too late to change course.

The Later Life Divorce Problem

Divorces among couples aged 55 and over are increasingly common, and they come with a financial complexity that
younger divorces simply don’t carry. When you’re in your 30s and the marriage ends, there’s time to rebuild.
When you’re approaching or already at retirement age, the window to recover financially is much narrower.

This isn’t scaremongering — it’s a practical reality that should shape how you approach a settlement from the
very beginning.

Pensions Are Often the Biggest Asset in the Room

The marital home tends to dominate divorce negotiations, and understandably so — it’s visible, tangible, and
often emotionally significant. But for couples in later life, the combined pension pot can be worth just as
much, sometimes considerably more.

Despite this, pensions are routinely underweighted or ignored during settlement discussions. Many people simply
don’t realise that pension assets built up during a marriage are generally considered matrimonial assets —
meaning they can and should be part of any fair settlement.

There are several ways a pension can be dealt with in divorce:

  • Pension sharing — a proportion of one spouse’s pension is transferred into a separate pension
    in the other’s name
  • Pension offsetting — one spouse keeps their pension in full, and the other receives a higher
    share of another asset (such as equity in the property) to compensate
  • Pension attachment orders — payments from a pension are directed to the former spouse when
    they fall due (less commonly used)

Each option has different tax, income, and timing implications. What looks like a generous settlement on paper
can leave one party in a far weaker position once they actually reach retirement.

Why Early Advice Matters

The decisions made during divorce proceedings are largely irreversible. Once a consent order is sealed by the
court, reopening it is very difficult. That’s why it’s so important to take proper advice before agreeing to
anything — not after.

We always recommend that clients going through a later life divorce consider working with an independent
financial adviser alongside their legal team. A solicitor can advise on your legal entitlements and help
negotiate a fair split; a financial planner can model what that split actually means for your income in
retirement — accounting for things like state pension age, drawdown rates, and the effect of inflation over
time.

The two perspectives working together produce much better outcomes than either can achieve alone.

Questions Worth Asking Early

If you’re going through a divorce at 50 or older, here are some things worth raising at the outset:

  • Do I know the current value of all pension assets — mine and my spouse’s?
  • Have I received a state pension forecast?
  • If I accept the house in lieu of a pension share, can I realistically fund my retirement?
  • What income will I actually need in retirement, and from where?
  • Am I aware of what I’d be waiving if I don’t pursue a pension claim?

These aren’t questions to leave until the final stages of negotiation. They’re questions to have answered before
you’re in the room making decisions.

Frequently Asked Questions

Can my spouse’s pension be included in our divorce settlement?

Yes. Pensions built up during a marriage are generally treated as a matrimonial asset, regardless of whose name
they are in. This includes workplace pensions, personal pensions, and — in some cases — defined benefit (final
salary) schemes. The court has the power to make a pension sharing order as part of the financial settlement.

What is a pension sharing order?

A pension sharing order is a court order that transfers a specified percentage of one spouse’s pension to the
other. The receiving spouse gets their own independent pension entitlement, which they can manage separately.
It’s one of the cleanest ways to achieve a fair division of pension wealth, though it does involve administrative
charges from the pension provider.

What’s the difference between pension sharing and pension offsetting?

With pension sharing, the pension itself is split. With offsetting, one spouse keeps the pension intact but the
other receives more of a different asset — usually equity in the family home — to make up for it. Offsetting
can seem simpler, but it carries risk: property value and pension value don’t always move in tandem, and giving
up a pension income in exchange for housing equity doesn’t automatically produce a secure retirement.

Does it matter whose name the pension is in?

No. It doesn’t matter whether the pension is in your name or your spouse’s — both can form part of the financial
settlement. If you gave up work or reduced your hours to raise children or support the family, you may have a
strong claim on a pension you never directly contributed to.

What is a CETV and why does it matter?

CETV stands for Cash Equivalent Transfer Value. It’s the figure your pension provider gives to represent the
current lump sum value of your pension benefits. During divorce, CETVs are used to compare the value of pension
assets against other assets like property. It’s worth knowing that CETVs can sometimes understate the true value
of a pension — particularly defined benefit schemes — so specialist advice can be important before using them as
the basis for negotiation.

Is it too late to claim a pension after divorce is finalised?

Generally, yes. Once a consent order has been approved by the court and neither party has reserved pension
claims, the ability to go back and make a claim is extremely limited. This is one of the most common sources of
regret we hear from people who handled their own divorce or didn’t take full legal advice at the time. Getting
it right first time is essential.

Do I need a solicitor to deal with pensions in a divorce?

You’re not legally required to use a solicitor, but pension division is one of the most technically complex
parts of any financial settlement — and one of the most consequential. Mistakes here can affect your income for
the rest of your life. We’d always recommend taking proper legal advice, and in many cases a referral to an
independent financial adviser as well.

We’re Here to Help

Our family law team at Burd Ward Solicitors offers straightforward, plain-English advice to clients going through
divorce at any stage of life. If you’re concerned about how divorce might affect your financial future —
including your pension and retirement plans — we’d be happy to have an initial conversation.

Contact us today to speak with a member of our family law team in Wallasey, Wirral.


The Hidden Danger of Unregulated Probate Companies — and Why It Matters for Your Family

Warning signs of unregulated probate companies — family reviewing estate documentsUnregulated probate companies are a growing presence in the estate administration market — and a recent case reported by the Law Society Gazette is a stark reminder of the risks they pose to grieving families. When someone close to you dies, the last thing you want to worry about is whether the person handling their estate can be trusted.

What Happened: An Unregulated Probate Company and £432,000 of Missing Estate Funds

The director of a company called Probate Specialist Ltd has been sentenced to a year in prison for contempt of court, after failing to account for £432,000 of a client’s estate money.

The company had been appointed to manage the administration of an estate following a client’s death in 2021. Executors only became aware something was seriously wrong when they discovered the company was facing a strike-off application at Companies House.

Legal proceedings were launched, the police were informed of a potential fraud, and a court order was obtained requiring the director to disclose the whereabouts of the estate’s assets. He could not — or would not — explain where the money had gone.

His explanation to the court, that a mysterious business partner had access to the accounts and must have taken the funds, was not accepted by the executors. He missed a final court hearing, was found in contempt, and was jailed. As of the date of reporting, no criminal charges had been brought. The estate funds remain unaccounted for.

Why Are Unregulated Probate Companies Allowed to Operate?

In England and Wales, probate is a “reserved legal activity” — meaning only regulated professionals (solicitors, licensed conveyancers, and certain other authorised persons) can apply for a grant of probate on behalf of others. However, the wider work of estate administration — collecting assets, settling debts, distributing the estate — is not regulated in the same way.

This has created a grey area that unregulated probate companies have moved into. Anyone can set up a “probate services” or “estate administration” business without being authorised by the Solicitors Regulation Authority (SRA) or any other professional body. There is no mandatory professional indemnity insurance, no Compensation Fund to fall back on, and no regulator to complain to if things go wrong.

That gap is exactly where cases like this one occur.

What Protection Do You Get With a Regulated Solicitor?

When you instruct a solicitor regulated by the SRA to handle an estate, you are protected in several important ways:

  • Professional regulation. Solicitors are bound by the SRA Standards and Regulations. Misappropriating client funds is not only a criminal offence but an immediate disciplinary matter that can end a solicitor’s career.
  • Client account rules. Solicitors are required to hold client money in a separate, ring-fenced client account. Estate funds cannot be mixed with the firm’s own money, and the account is subject to regular checks.
  • Professional indemnity insurance. All regulated law firms are required to hold professional indemnity insurance, meaning there is cover in place if something does go wrong.
  • The SRA Compensation Fund. If a regulated firm were to cause a financial loss through dishonesty or failure to account for money, the SRA’s Compensation Fund exists as a safety net for clients.
  • Accountability. There is a named, qualified professional responsible for your matter. If you have a complaint, there are clear routes — through the firm, the Legal Ombudsman, and the SRA — to seek redress.

An unregulated company offers none of these safeguards.

Why Choosing a Regulated Solicitor Over an Unregulated Probate Company Matters

We understand that when you’re dealing with bereavement, cost can be a real concern. Unregulated probate companies often market themselves as a cheaper alternative to solicitors. But as this case shows, the cost of getting it wrong — financially, emotionally, and in terms of time lost chasing the courts — can far outweigh any saving.

At Burd Ward Solicitors, our wills and probate team handles estate administration for families across Wallasey, the Wirral, and Merseyside. We are authorised and regulated by the Solicitors Regulation Authority, and we treat every estate — large or small — with the same care and professionalism.


Frequently Asked Questions About Estate Administration

Do I need a solicitor to administer an estate?

Not always — if an estate is straightforward, executors can apply for probate and administer the estate themselves. However, many executors choose professional help to avoid personal liability for mistakes, and to ensure the process is handled correctly and efficiently. Where an estate involves property, business interests, significant assets, disputes between beneficiaries, or inheritance tax, professional assistance is strongly advisable.

Are probate companies regulated?

It depends on what they are doing. Applying for a grant of probate on someone else’s behalf is a reserved legal activity, meaning only authorised professionals can do it. However, the broader work of estate administration — collecting assets, paying debts, and distributing the estate — is not a reserved activity and can be carried out by anyone, including unregulated companies. This is why it is so important to check whether the firm or individual you are instructing is regulated by the SRA or another recognised body.

How do I check if a solicitor or firm is regulated?

You can search the SRA’s online register at sra.org.uk to confirm whether a firm or individual solicitor is authorised. Regulated firms will also display their SRA number on their website and correspondence. If you cannot find a firm on the register, that is a significant warning sign.

What happens if an unregulated probate company loses or misappropriates estate funds?

Your options are very limited. Unlike regulated solicitors, unregulated companies are not required to hold professional indemnity insurance, are not subject to the SRA’s client account rules, and are not covered by the SRA Compensation Fund. You may be able to pursue a civil claim, but if the company has no assets — or has been dissolved — recovering funds can be extremely difficult. This is precisely the risk illustrated by the Probate Specialist Ltd case.

What is the SRA Compensation Fund?

The Solicitors Compensation Fund is a fund maintained by the SRA that can provide grants to people who have suffered financial loss as a result of a regulated solicitor’s dishonesty or failure to account for money. It is a safety net that simply does not exist when you use an unregulated provider.

How much does a solicitor charge for estate administration?

Fees vary depending on the size and complexity of the estate. At Burd Ward we offer transparent pricing so you know what to expect from the outset. It is always worth asking for a clear fee estimate before instructing anyone — regulated or otherwise.

Can Burd Ward help if someone else has already started administering an estate?

Yes. If you have concerns about how an estate is being handled — whether by a professional, a co-executor, or another family member — we can advise you on your options and, where necessary, help you take steps to protect the estate. Please get in touch as soon as possible, as early advice tends to open up more options.


Need Help With an Estate in Wallasey or the Wirral?
If you have been appointed as an executor and aren’t sure where to start, or if you are concerned about the conduct of someone already handling an estate, we are happy to have an initial conversation. Get in touch with our probate team.

This article is for general information only and does not constitute legal advice. The facts of individual cases vary and you should seek professional advice tailored to your circumstances. Burd Ward Solicitors is authorised and regulated by the Solicitors Regulation Authority.



Burd Ward Solicitors renews Law Society CQS accreditation

New Logo for CQS

We’re pleased to confirm that Burd Ward Solicitors’ Conveyancing Department has successfully renewed its accreditation under the Law Society’s Conveyancing Quality Scheme (CQS).

If you’re buying, selling, remortgaging, or transferring property, choosing a solicitor is about more than price — it’s about confidence, communication, and a process you can rely on. CQS renewal is one of the ways we demonstrate our ongoing commitment to delivering a high-quality residential conveyancing service for clients across the Wirral, Merseyside and beyond.

What is the Conveyancing Quality Scheme (CQS)?

The Law Society’s Conveyancing Quality Scheme is a recognised quality standard for residential conveyancing practices. CQS helps clients identify firms that follow a consistent, transparent approach to conveyancing — with a focus on good client care, clear communication, and robust procedures.

In short: CQS accreditation is a quality mark for conveyancing solicitors.

What CQS renewal means for our clients

Renewing our CQS accreditation means we continue to meet the scheme’s requirements and standards. For clients, that translates into a service built around:

  • Clear communication throughout your transaction
  • A structured, reliable conveyancing process
  • Ongoing training and best practice within the team
  • A focus on client care, transparency and managing expectations
  • Robust checks and procedures designed to reduce risk and delays where possible

Property transactions can be stressful — especially when there’s a chain, tight deadlines, or unexpected issues (title queries, leasehold complications, lender requirements, or last-minute enquiries). Our approach is to keep things moving and keep you informed, so you know where you stand.

Why CQS matters when choosing a conveyancing solicitor

When you search for “Wirral conveyancing solicitors” or “fixed-fee conveyancing”, you’ll see lots of options. CQS accreditation is a useful differentiator because it signals that the firm is committed to recognised standards in residential conveyancing.

Clients often tell us they want:

  • A solicitor who is responsive and easy to reach
  • Realistic timescales and regular updates
  • Clear pricing and a straightforward quote
  • A team that can handle complexities (leasehold, shared ownership, gifted deposits, transfers of equity, etc.)

CQS won’t remove every obstacle in a transaction — but it does show that your solicitor is working to a consistent quality framework and is invested in continuous improvement.

Our conveyancing services

We assist clients with a full range of residential property matters, including:

  • Buying a property (freehold and leasehold)
  • Selling a property
  • Remortgages
  • Transfers of equity (adding/removing a name on a title)
  • Lease extensions and leasehold advice (where applicable)

If you’re planning a move and want a solicitor who can guide you through the process clearly and efficiently, our team is here to help.

Local conveyancing support across the Wirral and Merseyside

We act for clients across the Wirral and surrounding areas, including (for example) Wallasey, Birkenhead, Bebington, Heswall, West Kirby, Hoylake, Prenton, Greasby, Upton and beyond. Whether you’re a first-time buyer, upsizing, downsizing, or dealing with a sale following probate, we tailor our advice to your situation.

Looking for CQS-accredited conveyancing?

If you’d like a quote or want to discuss your transaction, get in touch with our Conveyancing Department. We’ll explain the process, confirm what we need from you, and give you a clear view of costs and timescales.


Frequently asked questions

Is CQS accreditation important?

CQS is a widely recognised quality standard for residential conveyancing. It can help clients identify firms committed to consistent processes, training, and client care.

Do CQS-accredited solicitors cost more?

Not necessarily. Costs depend on the property, transaction type and complexity. A good firm will provide a clear quote and explain what is included.

Do you offer fixed-fee conveyancing?

We aim to provide clear, transparent pricing and will confirm what’s included in your quote from the outset.

Can you act for my mortgage lender?

In most cases, yes — but it depends on your lender and panel status. We can confirm this at the start of the transaction.

How long does conveyancing take?

Timescales vary. Many transactions take around 8–12 weeks, but leasehold, chains, or title issues can extend this. We’ll keep you updated throughout.



Renters’ Rights Act Guide for Wirral Landlords

Illustration of residential houses representing private landlords in Wirral affected by the Renters’ Rights Act reforms.

If you’re a landlord in the Wirral, Merseyside or the wider Liverpool City Region, the Renters’ Rights Act 2025 (RRA) will be the biggest change to renting law in decades. Crucially, however, the new rules will not take effect all at once.

The Government has confirmed a phased implementation plan, with the majority of changes (Phase 1) taking effect from 1 May 2026, and further obligations arriving later in 2026 and beyond.

As a firm that predominantly acts for landlords across the Wirral, Burd Ward Solicitors has prepared this updated guide to help local landlords understand exactly what changes are coming, when they take effect, and what you should do now to prepare.

1. Overview of the Renters’ Rights Act and Its Phased Implementation

Phase 1 — From 1 May 2026

Phase 1 introduces the most significant reforms affecting day-to-day letting and possession. These include:

  • Abolition of Section 21 “no-fault” evictions
  • Transition to assured periodic tenancies for all new and existing lets
  • Reformed possession grounds (including 3+ months’ arrears, moving/selling restrictions, and updated mandatory grounds)
  • Rent increases limited to once every 12 months
  • Ban on rental bidding
  • Restrictions on rent in advance (maximum one month, or 28 days where the rent period is weekly)
  • Right for tenants to request pets (with tests around reasonable refusal)
  • Ban on discrimination against benefit claimants, families and other protected groups

Later Phases — From Late 2026 Onwards

Additional reforms — many requiring new digital systems — will be introduced later, including:

  • A national Landlord & Property Database (compulsory registration)
  • Compulsory Private Rented Sector Ombudsman membership
  • Extension of the Decent Homes Standard to the private rented sector
  • Implementation of Awaab’s Law response times for damp, mould and serious hazards
  • Enhanced investigatory and enforcement powers for local councils

These later-phase measures will be brought into force with separate commencement dates.

2. Key Implications for Wirral & Merseyside Landlords

2.1 Tenancy Structure & Ending Tenancies (Phase 1 – May 2026)

From 1 May 2026, all new and existing assured shorthold tenancies across Wirral and Merseyside will automatically convert into assured periodic tenancies.

This means:

  • No more fixed-term ASTs of the kind landlords are used to.
  • No ability to serve Section 21 notices.
  • Landlords will need to rely on the new statutory possession grounds.
  • Mandatory rent-arrears possession will generally require at least three months’ arrears.
  • Certain grounds, such as moving in or selling, require a minimum 12 months’ occupation and at least 4 months’ notice.

This will particularly affect landlords in high turnover areas such as Birkenhead, Seacombe, Wallasey and parts of Liverpool.

2.2 Landlord & Property Database (Later Phase – Late 2026+)

Although the national Landlord & Property Database is not expected to go live until a later phase, it will ultimately require:

  • Every Wirral and Merseyside landlord to register as a landlord; and
  • Every rental property to be individually listed.

In future, the ability to serve certain possession notices may depend on being correctly registered on this database.

2.3 Ombudsman Scheme (Later Phase – Late 2026+)

Landlords will be required to join a national ombudsman scheme. The ombudsman will have powers to require:

  • Compensation payments
  • Apologies
  • Repairs or other remedial steps

This will be particularly relevant for landlords with larger portfolios in areas such as Liscard, Tranmere, Hoylake, Liverpool and Sefton, where tenant complaints are more likely simply due to portfolio size.

2.4 Rent in Advance & Rental Bidding (Phase 1 – May 2026)

From May 2026 the Renters’ Rights Act will:

  • Limit rent in advance (for most tenancies, to one month or 28 days).
  • Ban rental bidding and require a clear advertised rent.

This is important for landlords in competitive areas such as West Kirby, Caldy, Heswall and Crosby, where rental bidding has sometimes been used to deal with high demand.

2.5 Pets, Discrimination & Property Condition (Mixed Phase – May 2026 & Late 2026+)

From Phase 1 (May 2026):

  • Tenants gain a right to request a pet, and landlords will need a good reason to refuse.
  • Policies which exclude tenants with children or those in receipt of benefits will be restricted as part of the new anti-discrimination rules.

From later phases:

  • The Decent Homes Standard will be extended to the private rented sector.
  • Awaab’s Law will set strict timeframes for responding to damp, mould and serious hazards.

Wirral and Liverpool councils already focus on housing conditions and enforcement, so landlords should assume this will be a priority.

2.6 Enforcement Changes (Later Phase – Late 2026+)

In later phases, local councils will gain stronger enforcement powers, including:

  • Civil penalties (with higher maximum penalties for serious or repeated breaches)
  • Longer rent repayment orders (up to 24 months’ rent)
  • Greater access to information, including financial records in some cases
  • Increased powers of inspection and proactive enforcement

This will particularly affect enforcement hotspots such as Birkenhead, Rock Ferry, Toxteth and Bootle.

3. What Wirral & Merseyside Landlords Should Do Now

Even though most of the changes do not go live until 1 May 2026, responsible landlords should use the lead-in period wisely. Key steps include:

  • Review all current tenancy agreements and be ready for the shift to assured periodic tenancies.
  • Audit property standards to prepare for the future extension of the Decent Homes Standard and Awaab’s Law.
  • Update rent-increase processes so that increases are compliant and properly documented once the new limits apply.
  • Review tenant application procedures to ensure they are free of criteria that could be challenged under the new anti-discrimination regime.
  • Prepare for the landlord database by collating EPCs, gas and electrical safety certificates, licence details and other key property information.
  • Establish or tighten your complaints handling system so you can deal with tenant complaints promptly and reduce the risk of ombudsman referrals.
  • Seek early legal advice, particularly if you currently rely on Section 21 or fixed-term ASTs as part of your letting strategy.

4. Why Responsible Wirral Landlords Will Benefit

While the Renters’ Rights Act introduces more regulation, responsible landlords in Wirral and Merseyside can benefit from a more level playing field. Potential advantages include:

  • Less competition from non-compliant or rogue landlords
  • Longer, more stable tenancies from good-quality tenants
  • Reduced void periods and fewer avoidable disputes
  • A clearer and more predictable legal framework
  • Improved reputation with tenants, agents and lenders

Landlords offering good-quality accommodation in areas such as Wallasey, West Kirby, Hoylake, Heswall, Moreton and the Liverpool suburbs are likely to stand out even more once the reforms are fully in place.

5. How Burd Ward Solicitors Support Wirral & Merseyside Landlords

Based in Wallasey, Burd Ward Solicitors acts for landlords throughout the Wirral and Merseyside region, including:

  • Birkenhead
  • Wallasey
  • West Kirby
  • Hoylake
  • Heswall
  • Liverpool
  • Sefton
  • Cheshire West

We provide practical, cost-effective legal advice for private landlords, portfolio investors and property companies.

Our landlord services include:

  • Updating tenancy agreements for the May 2026 reforms
  • Reviewing possession strategies for the post-Section 21 regime
  • Drafting and serving possession notices and dealing with court proceedings
  • Advising on rent arrears, damage, anti-social behaviour and other breaches
  • Resolving tenancy deposit disputes and alternative dispute resolution (ADR)
  • Carrying out landlord compliance audits
  • Preparing for the national landlord and property database
  • Advising on licences, HMOs and local authority enforcement

The Renters’ Rights Act will transform renting law, but importantly, not all at once. With the bulk of reforms arriving on 1 May 2026, and further obligations being rolled out later in 2026, now is the ideal time for landlords across Wirral and Merseyside to prepare.

Burd Ward Solicitors can help you understand the phased changes, update your documentation, plan for new compliance duties and safeguard your property portfolio.

If you are a landlord in Wirral or Merseyside and would like tailored advice, please contact our expert landlord solicitor, Martyn Green, for specialist guidance on the Renters’ Rights Act and how it will affect your properties.


Study Finds 1 in 3 Women Who Died During or After Pregnancy Were Known to Children’s Services

A recent report published in BMJ Medicine and covered by The Guardian has revealed that a third of women who died during or shortly after pregnancy in the UK had prior involvement with children’s social care services.

What the Study Found

Between 2014 and 2022:

  • 1,451 women died during pregnancy or within a year of giving birth.
  • 33% of those women were known to social care.
  • Many had prior experiences of domestic abuse, childhood trauma, or were already involved in care proceedings.

The report warns of a lack of coordination between maternity care, social workers, and local authorities—leading to missed opportunities to provide support, protection, and early intervention.

What This Means for Families

While this data is heartbreaking, it also reinforces what many in the legal sector already know: that women facing safeguarding concerns often slip through the cracks when systems don’t communicate effectively.

At Burd Ward Solicitors, our Family Law Team supports parents and carers navigating:

  • Public Law Proceedings (Care Proceedings and Pre Proceedings)
  • Private Law Matters (including Child Arrangements Orders)
  • Domestic Abuse Cases (Non Molestation and Occupation Orders)
  • Relationship Breakdown & Separation
  • Legal Aid for eligible clients, especially where social services are involved

Our Role in Supporting Parents Through Social Services Involvement

It’s vital that any parent involved with children’s services receives clear, supportive legal advice. These cases often move quickly, and without legal representation, parents can find themselves overwhelmed and unheard.

We offer:

  • Advice and representation at PLO meetings (Pre-Proceedings process)
  • Support during court proceedings where care orders or supervision orders are being considered
  • Applications for urgent protective orders if domestic abuse is present
  • Tailored legal support during separation, especially where children are at risk or vulnerable

A Call for Better Joined-Up Support

This report should be a wake-up call for professionals working with pregnant women and new mothers. Timely referrals to legal advice—particularly in cases involving domestic abuse or social services concerns—could help prevent harm and improve outcomes for families.

If You Need Support, We’re Here to Help

Whether you’ve been contacted by children’s services, are worried about your safety at home, or are going through a difficult separation, we’re here to provide calm, clear and experienced legal advice.


Fake Will Fraud: How Criminals Target UK Estates

The BBC recently uncovered a shocking rise in fake-will fraud across the UK, with criminal gangs exploiting weaknesses in the probate system to steal entire estates. Families of the deceased are being left devastated, often learning months later that their loved one’s property has been transferred or sold — all based on forged documents.

At Burd Ward Solicitors, we understand how important it is to protect your estate and ensure your wishes are respected. In this article, we explore how these scams are being carried out, why the current system is vulnerable, and what you can do to safeguard your legacy.

What Is Fake-Will Fraud?

Fake-will fraud involves criminals submitting forged or counterfeit wills during the probate process in order to gain control of a deceased person’s estate. In many cases, the fraudsters pose as executors or claim to be beneficiaries under the forged will.

The rise in online probate applications — intended to simplify the process — has unfortunately created new opportunities for abuse. In some instances, these criminals have managed to sell homes and access bank accounts without any of the legitimate heirs being aware until it’s too late.

Real-Life Cases That Highlight the Problem

Real-Life Cases That Highlight the Problem:

  • Nicole and Lisa, two sisters from London, were shocked to discover that their late aunt, Christine, had supposedly made a new will — one they had never seen. The forged document named an unknown individual as the sole beneficiary, and probate had already been granted without the family’s knowledge.
  • In another case, Michael, who passed away in 2020, had his home transferred based on a counterfeit will. HMRC became suspicious after probate was granted and froze the property, preventing a sale.

In both cases, probate was granted with minimal scrutiny, and the rightful heirs were left battling to prove the fraud and reclaim the estate.

How the Scam Works

Fake-will fraud typically follows a pattern:

  1. Identifying a Target: Fraudsters find recently deceased individuals — often those who lived alone or had no immediate family.
  2. Forging Documents: They create a counterfeit will, often witnessed by fake or untraceable individuals.
  3. Submitting Probate Applications Online: The application is made with minimal identity verification.
  4. Gaining Control: Once granted, the fraudster can sell property, withdraw funds, and disappear — all before the rightful heirs know what’s happening.

This is not just identity theft — it’s the theft of someone’s entire legacy.

Why the System Is Vulnerable

  • Online Probate Loopholes: The 2017 introduction of digital probate forms made it easier for fraudsters to apply without stringent checks.
  • Weak Identity Verification: There’s currently no mandatory face-to-face or biometric verification for applicants.
  • Lack of Cross-Checking: In some cases, banks, HMRC, and the probate registry aren’t cross-checking declarations in real-time.
  • Overstretched Resources: Probate offices and courts have seen cuts in staff and funding, slowing the investigation and reversal of fraud.

What Can You Do to Protect Your Estate?

  1. Use a Regulated Solicitor: Ensure wills are drawn up and stored by a reputable law firm.
  2. Register Your Will: Services like the National Will Register help prove a will’s authenticity and existence.
  3. Name Trusted Executors: Choose executors you trust and discuss their role in advance.
  4. Let Loved Ones Know Where Your Will Is Kept: Reduces the chance of confusion or exploitation.
  5. Be Cautious with Online Templates: DIY wills can be risky and easier to forge or contest.
  6. Consider Adding Safeguards: Talk to your solicitor about extra ID checks for your executors or using a trust structure.

Final Thoughts

Fake-will fraud is a distressing but growing problem in the UK. While the legal system is catching up — with HMRC and the probate registry now launching reviews — prevention is the best defence.

If you’re concerned about the security of your estate or need help drafting a will, speak to our Wills & Probate team today. We’re here to ensure your wishes are honoured and your loved ones protected.

Call us today on 0151 639 8273 or email info@burdward.co.uk for a confidential conversation.
Don’t leave your estate vulnerable — put the right protections in place now.


Celebrating Success: Meggan Epps Qualifies as a Solicitor in Our Family Law Department

Meggan Epps, Family Law Solicitor
We are delighted to announce that Meggan Epps has officially qualified as a Solicitor, here at Burd Ward Solicitors.

Meggan has been a valued member of our family law team since she began her legal career, demonstrating outstanding dedication and a passion for helping families navigate challenging circumstances. Throughout her training, Meggan has gained invaluable experience across a wide range of family law matters, including divorce, child arrangements, financial settlements, and domestic abuse cases.

Her commitment to providing clear, compassionate advice has already made a positive impact on many clients, and her qualification marks the next exciting step in what promises to be a distinguished legal career.

Commenting on her achievement, Meggan said:

After years of hard work, long nights and plenty of tears it is all finally worth it for this feeling!

I am so thankful to everyone around me for the constant support they give, especially my Burd Ward family team

Our Head of Family Law, Jenna Ellison, added:

It has been an absolute pleasure to watch Meggan grow from our days at NYAS to now a fully qualified solicitor here at Burd Ward . She is going to be amazing as a family law solicitor and I am very excited to see what comes next!

If you need advice or support on any family law matter, Meggan and the rest of our expert team are here to help. Please do not hesitate to contact us on 0151 639 8273.

Congratulations again to Meggan on this fantastic milestone!


Navigating Half-Term Child Arrangements for Separated Parents: A Guide to Cooperation and Balance

When parents separate, ensuring that their children’s well-being is at the forefront becomes the most important priority. One area where this can sometimes be challenging is during school holidays, particularly half-term breaks.

Here’s a guide to help separated parents work together to create a fair and flexible plan for half-term child arrangements.

1. Put the Child’s Needs First

Regardless of your relationship with your ex-partner, always consider your child’s needs as the central focus. For children, half-term breaks represent an opportunity to relax, enjoy time with their parents, and participate in fun activities. Avoid putting the child in the middle of any conflicts by discussing arrangements calmly and rationally.

2. Plan Well in Advance

Waiting until the last minute to finalise half-term arrangements can lead to unnecessary stress and confusion. Whether it’s coordinating pick-up times, sharing travel logistics, or planning activities, last-minute decisions are more likely to result in conflicts or miscommunication.

Aim to discuss the arrangements a few weeks before half-term begins. This gives both parents ample time to consider schedules, make any necessary adjustments, and ensure there are no overlaps in planned activities.

3. Use a Co-Parenting Calendar or Tool

Technology can be your ally when it comes to managing child arrangements. Shared calendars, co-parenting apps, or family communication platforms can help you both stay on the same page when it comes to picking up and dropping off the kids, scheduling activities, or making last-minute changes.

4. Agree on a Fair Division of Time

One of the biggest challenges for separated parents during half-term is ensuring the time spent with the child is equally divided. While it’s important not to focus on keeping things strictly equal, it’s equally important to make sure the child feels that both parents are invested in their time and well-being. This might mean dividing the half-term into blocks — one parent might take the first few days while the other takes the latter half.

If it’s not possible for both parents to have equal time, find a compromise that works. For example, one parent might have the child for the majority of the half-term, but the other parent gets extra time over weekends or holidays to balance things out.

5. Communicate with Flexibility and Respect

Effective communication is vital for creating a positive experience for both the child and parents during half-term. Be transparent about your schedules and any potential conflicts. If changes need to be made to the original plan, discuss them respectfully.

Avoid using your child as a messenger. It can create unnecessary tension and put the child in a difficult position. Instead, deal directly with your ex-partner in a calm and respectful manner, remembering that your child’s well-being should remain the priority.

6. Consider the Child’s Routine

While the half-term break is an opportunity for fun and relaxation, it’s also important to consider your child’s routine. Keeping things as familiar as possible will help minimise any stress or anxiety. If your child has certain bedtimes, meal schedules, or activities they enjoy, try to integrate these into both parents’ time during the break.

If one parent is planning a trip or holiday, ensure there’s an understanding about how it fits within your child’s usual routine and what the child will need to adjust.

7. Incorporate Some Fun and Meaningful Time

Half-term breaks should be a time for the child to enjoy fun, relaxation, and special moments with both parents. Plan activities that are meaningful and exciting, whether it’s a day out at an amusement park, a visit to the cinema, or a quiet evening at home baking cookies.

8. Be Ready for Changes

Life is unpredictable, and things might not always go as planned. One parent might fall ill, work commitments may arise, or a new issue might come up that requires rearranging plans. If this happens, work together to find a solution.

Flexibility and patience are essential. If something needs to change, communicate promptly, and be willing to accommodate the other parent’s needs when necessary.

The overall goal is to create an environment where the child feels loved, supported, and secure during the break — no matter how the arrangements unfold. With patience, respect, and a focus on cooperation, separated parents can turn half-term into a time of connection and fun.


Upcoming Stamp Duty Land Tax (SDLT) Changes from April 2025

From 1 April 2025, significant updates to Stamp Duty Land Tax (SDLT) will come into effect, potentially reshaping property transactions across England. Whether you’re a first-time buyer, a property investor, or an existing homeowner, understanding these changes is vital. At Burd Ward Solicitors, we’re here to guide you through these updates and help you navigate their impact on your property dealings.

What is SDLT?

Stamp Duty Land Tax (SDLT) is a government tax applied to property purchases in England. The amount payable depends on the property price, with higher-value transactions incurring higher rates. Knowing the SDLT rules is essential for anyone buying residential or commercial property.

Key SDLT Changes from April 2025

The upcoming SDLT changes aim to improve housing affordability and influence market behaviour. Here are the main updates:

  1. Revised SDLT Rates for Residential Properties
    • Up to £125,000: 0% (no SDLT)
    • £125,001 to £250,000: 2%
    • £250,001 to £925,000: 5%
    • £925,001 to £1.5 million: 10%
    • Above £1.5 million: 12%
  2. Updates for First-Time Buyers
    • SDLT-free threshold increases to £300,000.
    • Purchases between £300,001 and £500,000 will incur a 5% rate.
    • Properties exceeding £500,000 do not qualify for relief.
  3. Higher Surcharge for Additional Properties

    The surcharge on buy-to-let and second homes will rise to 5% across all bands:

    • Up to £125,000: 5%
    • £125,001 to £250,000: 7%
    • £250,001 to £925,000: 10%
    • £925,001 to £1.5 million: 15%
    • Above £1.5 million: 17%
  4. Green Homes Incentive

    Buyers of energy-efficient homes (EPC rating A or B) will enjoy reduced SDLT rates, paying 1% less across all bands.

  5. Commercial Property Updates

    The lower SDLT band for commercial property transactions will increase from £150,000 to £200,000.

Who Will Be Most Affected by These Changes?

  1. First-Time Buyers

    The increased SDLT-free threshold will help first-time buyers save thousands on property purchases.

  2. Buy-to-Let Investors & Second Homeowners

    The higher surcharge makes additional property acquisitions more expensive, impacting investors and second-home buyers.

  3. Sellers of Energy-Efficient Homes

    Properties with high energy efficiency (EPC A or B) may attract more buyers due to SDLT discounts.

  4. Commercial Property Buyers

    New thresholds will require careful financial planning for those acquiring commercial properties.

Preparing for the SDLT Changes

As the property market reacts to these changes, here are some practical steps to consider:

  • Plan Your Purchase Timeline: Decide whether to buy before or after 1 April 2025 based on the new rates.
  • Improve Energy Efficiency: Enhance your property’s EPC rating to attract buyers and take advantage of SDLT discounts.
  • Seek Expert Advice: SDLT calculations can be complex. Consulting experienced solicitors, like our team at Burd Ward, ensures compliance and maximizes potential savings.

Why Choose Burd Ward Solicitors?

Navigating SDLT changes can be challenging, but you don’t have to face it alone. At Burd Ward Solicitors, we specialise in property law and offer tailored legal advice to suit your needs. Our team of experts is here to support you with all aspects of conveyancing, from understanding SDLT rules to managing complex property transactions.

If you have questions about how the SDLT changes will affect you, get in touch with Burd Ward Solicitors. Let us provide the clarity and confidence you need for your property journey.


Christmas Opening Hours 2024

As the festive season approaches, we at Burd Ward Solicitors wish to extend our warmest greetings and thanks to all our clients and partners.

With the holiday spirit in mind, we also understand the importance of spending quality time with family and friends. Therefore, we have adjusted our opening hours to reflect the season’s joy.

Christmas and New Year Opening Hours

  • Monday December 23rd: Closed
  • Tuesday December 24th (Christmas Eve): Closed
  • Wednesday December 25th (Christmas Day): Closed
  • Thursday December 26th (Boxing Day): Closed
  • Friday December 27th: Closed
  • Monday and Tuesday December 30th – 31st: Open
  • Wednesday January 1st (New Year’s Day): Closed
  • From January 2nd: Normal business hours resume