This changed in the 2024 budget when Rachel Reeves announced that from April 2026 APR and BR were to be capped at £1 million.  Whilst it would be possible to claim both reliefs on one estate, the total combined amount was capped at £1 million.   Any farming or business assets over and above that would be taxed at 20%.  This is half the normal rate of tax which is 40%.

This caused a lot of concern for many farmers.  Farming is usually an asset rich and cash poor business, with most of the value being in the land rather than cash in the bank.  In order to pay the inheritance tax bill, farmers would have been very likely to have had to sell some of their land.  Farmers tend to get very small returns on their assets, and a smaller farm is less viable. 

Many farmers have taken to the streets in protest, and this has received a lot of media coverage.  The National Farmers Union (NFU) have been campaigning for the last 14 months to get the proposed rules changed and they have been speaking to the government to explain the problems that a large inheritance tax bill would cause for many farmers.  There are people that invest in farmland for inheritance tax planning, but the people that were going to be hit most were the small family farms. There are already many younger people who choose not to follow in their parents’ footsteps and take on the family farm, and so the inheritance tax situation would not help this.

There was a small breakthrough in the November 2025 budget where it was announced that the £1 million relief could be transferred between spouses.  Under the original proposal if a farmer died and left everything to their spouse then there would be no inheritance tax to pay on the first death due to spouse exemption, but when the second person died and the farm passed to the next generation there would only be one allowance of £1 million available.  The change in the November budget meant that there would be a combined allowance of £2 million on the second death.  But due to the value of land most farms would still have been caught by inheritance tax.

However, there was welcome news on 23 December 2025 when the government announced that they were going to increase the APR and BR limit to £2.5 million and it can be transferred between spouses which means that a married couple could have a combined allowance of £5 million.  According to Emma Reynolds, the Secretary of State for Environment, Food and Rural Affairs, 85% of farming estates that claim APR won’t have to pay inheritance tax once the legislation is passed.  When being interviewed on Farming Today on BBC Radio 4, Tom Barshaw president of the NFU described it as a ‘massive sense of relief.’  This is a sentiment that will be echoed by many farmers. 

The change in BR will also help many small business owners.  Whilst the changes to BR did not get as much media coverage as the changes to APR, it is equally important that small businesses can continue to run without being crippled by inheritance tax.

Article written by Private Client Chartered Legal Executive Rachel Collett. If you require assistance with regards to Wills, estate administration or inheritance please contact our friendly team who will be happy to help.

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Saher joined us today as a Solicitor in our Private Client Department, based in our Balsall Common office.

Saher qualified as a solicitor in 2002 and has gained TEP qualification from the Society of Trust and Estates Practitioners (STEP).

She is able to advise on Wills, Lasting Powers of Attorney and Estate Planning.  Saher also deals with the administration of estates.

Saher spends 100% of her time dealing with Private Client matters.

Welcome to the firm Saher, from all at BTTJ!

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Probate involves the identification of all of a deceased persons assets and liabilities the and sharing out the remaining estate according to the Will. Properties cannot be sold, nor money distributed until a formal Grant of Probate has been issued.

The long delays are creating a negative domino effect that is being felt not just by solicitors across the country, but also clients.

Prior to the Covid-19 pandemic hitting the UK, the standard timescale to process a probate application was 10 working days. However, as a direct result of the application process switching from paper to online forms, as well as the pandemic forcing Probate Registrars to work from home, significant delays ensued.

While the world has since returned to normal, wait times for Grant of Probate applications to be processed have stretched to a minimum of four months.

The new application process being introduced in early 2020 combined with the Covid-19 pandemic changing the way in which we work, has resulted in a backlog that unfortunately still remains to this day. There was already an underlying delay due to the application process being changed, and the pandemic unfortunately exacerbated this significantly. 

Due to such roadblocks being put in place, clients are now being forced to wait months for Grant of Probate applications to be processed. This not only causes issues for solicitors in terms of managing expectations, but also their clients. With probate being required in order to deal with the sale of a property, money or possessions of a person that has died, not only can this be an extremely difficult and sensitive time for beneficiaries but it can potentially land them in hot water by placing them under significant financial strain – especially if they are relying on assets being sold for issues such as repayment of debts of the deceased, whether that be outstanding mortgages or credit card payments.

Whilst applying for Probate is a process individuals can undertake themselves, it is one which can be complex often resulting in families facing unnecessary delays or inheritance tax bills which, with the help of professional advice, could be avoided.

With the timescale already being overly elongated it is vital that people seek out expert advice when applying for Probate, as, if there is an error in the application process, then Probate applicants will run the risk of being pushed to the back of the queue and having to start from square one.

The recent inquiry by the Justice Committee is welcome news as the wait time for Probate has become wholly unsustainable and action needs to be taken in order to mitigate these growing timescales.

The death of a loved one is invariably a time of grief and vulnerability for those who are left behind. Our highly experienced private client team understands these difficulties and are here to help.

Please contact us for further information, we have offices in Coventry, Warwick, Balsall Common & Southam & cover the whole area and beyond.

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At Brindley Twist Tafft and James, our highly experienced Private Client team understand these difficulties and can offer guidance and support in a tailored way to suit what your needs are. 

We can offer assistance starting from an initial appointment providing you with advice on how to deal with things yourself, right through to instructing us to deal with the whole of the administration of an estate on your behalf.  There can be lots of things to consider and our team will provide you with the practical and emotional support to help.

We recommend that you seek professional advice to ensure the correct processes and rules are followed. 

Please contact our friendly and supportive Private Client Department who will be happy to talk you through the processes involved. We have a dedicated Private Client team member located at all four of our offices in Coventry, Warwick, Balsall Common and Southam.

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Here at Brindley Twist Tafft & James, we offer an understanding and sympathetic approach to help you deal with these matters.

The first steps to take when someone dies is to register the death and to arrange the funeral.

The next stage is to ascertain who is eligible to sort out the person’s property and assets. This could be a person appointed in a Will if the person who has passed away left one, or it might be their nearest blood relative if there is no Will. This person is called the personal representative (“PR”).

The next step is to establish what assets and liabilities that person had. Depending on the value and complexity of those assets, a grant of probate or letters of administration (“a grant”) issued by the probate court may be required.  A grant is the PR’s legal authority to cash in or transfer those assets to the beneficiaries.  As part of the probate process, the PR will need to work out if there is any inheritance tax to pay. This will depend on the value of the estate and who it is passing to under the Will or the rules of intestacy. 

We recommend that you seek professional advice to ensure the correct process and rules are followed.  Please contact our friendly and supportive Private Client Department who will be happy to talk you through the processes involved. 

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Quite often after I have completed a Will for a client, they comment that it was a much easier process than they had envisaged, and it was something on their “to do list” that they should have completed months or even years before.

Completing a Will is thought to be a daunting experience when having to consider what happens after you pass away, however, it is an important process and task on your to do list to complete, not only to ensure your wishes take place but also to ensure your loved ones are protected.

Our friendly and down to earth Private Client Team here at Brindley Twist Tafft & James will make the process as straightforward and unnerving as possible.  We pride ourselves on developing and maintaining ongoing relationships with our clients. Contact us today to see how we can help you.

Whilst the pandemic is still continuing, we understand that not everyone feels comfortable visiting our offices for a face-to-face meeting and so to make things easier for you we are happy to offer a telephone appointment, zoom appointment or we can visit you at home if there is a need.  By doing this we hope that this opens up the door to making a Will easier for you and helps start the process of ticking this task off your to-do list.

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Both family relationships and finances have become more complicated in our society, and end-of-life plans can seem overwhelming as a result, even for younger people.

But a few simple steps can ensure all your wishes are respected and disruption to your family and friends is minimised at an incredibly difficult time.

We explain below why end-of-life planning is not just preparing a will.

A will is an incredibly important and prudent step for peace of mind, but it is only one aspect of end-of-life planning.

Establishing a lasting power of attorney (LPA), life insurances, pensions, care plans, and funeral arrangements are often overlooked but are vital considerations.”

Will

Simply put, a will is a legal document that tells everyone what you want to happen to your ‘estate’ – a term that encompasses your money, possessions, and property – after you die.

A will prevents your family or friends from suffering unnecessary stress and upheaval during a difficult period, especially if you have children or other family who depend on you financially.

Wills are becoming more complex as people make money younger than in the past, have more assets, and more complicated family structures.

If you do not have a will when you die, your money, property, and possessions will be shared out according to UK law instead of your express wishes. This means your estate could go to someone you did not want it to, while a loved one you wanted to benefit ends up with nothing.

And remember – home-made, free or cheap wills do not always ensure your wishes are protected and could result in unnecessary legal challenges.

Lasting Power of Attorney (LPA)

A LPA is a legal document that lets you appoint one or more people (known as an ‘attorney’) to help make decisions on your behalf, if you cannot make those decisions yourself.

It will help your loved ones substantially if you were to suffer an accident or illness and cannot make your own decisions – a situation where you either ‘lack mental capacity’ or are physically unwell.

A LPA lasts for the rest of your life, so once it has been arranged you can enjoy peace of mind. BTTJ stores clients’ LPAs for free of charge until the moment they are needed.

There are two common types of LPA. The first is a Health and Welfare LPA which gives your attorneys the power to make decisions such as where you live, the type of care you receive and the care provider. You can also give them the power to consent or refuse medical treatment on your behalf.

The second is a Property and Financial Affairs LPA which gives your attorneys the power to manage your finances for you, such as overseeing your bank account, paying bills, managing your investments, or dealing with any property you own.

Protect your home against care fees

Our Private Client department is seeing more and more queries from clients who are asking how they can protect their assets from care home fees and ensure they leave their hard-earned money for their family.

Fortunately, there are steps that you can take to help protect some of your assets from care home fees.

Most simple wills will leave everything to your spouse or civil partner and then everything to your children (or other beneficiaries) when they die. There is nothing wrong with this in practice, but what happens if your surviving spouse or civil partner has to go into care a few years later and their assets need to be used towards care home fees?

However, there is a way of structuring your wills using a trust to protect at least half of your property, which has no impact on you during your lifetime and only takes effect on the death of the first spouse or civil partner. 

Instead of leaving all your assets outright to your surviving spouse or civil partner on the first death, you can each place your half share of your home into a trust for the benefit of your surviving spouse or civil partner to enjoy but not be able to spend.

This is a popular way of safeguarding half of your property from care home fees. It leaves the surviving spouse or civil partner with peace of mind that they can benefit and enjoy the full use of the property during their lifetime, while knowing that half of the property will be protected for the people they ultimately want to benefit from their will.

If you would like any further information, advice, or assistance, please contact our friendly Private Client team on 02476 531532 or enquiries@bttj.com 

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