Insights

When Property Law and Estate Planning Meet: Private Client Advice in Brighton

Most people do not often deal with a solicitor. The occasions that bring someone to one tend to be significant: buying a first home, writing a Will, sorting out a relative’s estate, signing a lease for a new business. These are not routine errands. They are moments where a legal decision sits underneath a personal one, and where getting the detail right matters for years afterwards.

What is less obvious is how often these moments are connected. A property purchase can raise a question about inheritance. A bereavement can turn into a question about who owns a house. A family disagreement can involve both. The areas of law involved, private client and property, overlap far more in practice than they appear to on paper.

Burt Brill & Cardens works at exactly that intersection. We advise individuals, families and local businesses across Brighton and Sussex on Wills, Trusts, Probate, Conveyancing, Commercial Property and the disputes that sometimes follow. The aim of this article is to explain how those areas fit together, and why it helps to have a solicitor who can see the whole picture rather than one corner of it.

Why These Areas Require Specialist Expertise

Many of the situations clients face involve more than one area of law. A property transaction may raise questions about inheritance planning. A bereavement may involve administering an estate that includes property. A disagreement between family members may involve both inheritance law and property ownership rights. Part of our role is to help clients understand how these areas connect.

For example, when someone dies without leaving a Will, their estate is distributed according to the rules of intestacy. These statutory rules determine who inherits assets, including property, and they may not reflect what the person themselves would have intended. We help clients understand how these rules apply and what practical steps need to be taken when administering an estate.

Property ownership can also raise questions while the parties involved are still living. A home or investment property may be owned jointly by partners, family members or business associates. If circumstances change and disagreements arise about whether a property should be sold or how ownership shares should be recognised, we help clients understand the available legal options. In some cases these matters fall to be considered by the court under TOLATA  (Trusts of Land and Appointment of Trustees Act 1996).

Inheritance disputes can also arise following a death where someone believes reasonable financial provision has not been made for them. Where appropriate, we advise on potential claims under the Inheritance (Provision for Family and Dependants) Act 1975. By looking at these issues together rather than in isolation, we are able to provide advice that reflects the full legal picture.

A Boutique Practice Focused on Individuals

Seeking legal advice often happens during significant life events. Clients may be planning for their families, managing a property transaction, building a business, or dealing with the responsibilities that follow a bereavement.

Here at Burt Brill & Cardens, clients work directly with a named legal specialist who remains involved throughout the matter. This allows us to understand the circumstances behind each situation and provide advice that is tailored to the client rather than applying a standardised process.

Our approach is deliberately personal and considered. We take the time to explain the legal position clearly, answer questions as they arise and ensure that clients feel confident about the decisions they are making.

Core Practice Areas

Wills, Trusts & Probate

Planning ahead through a properly prepared Will allows individuals to decide how their assets should be distributed and who will be responsible for administering their estate. We work with clients to prepare Wills that reflect their intentions clearly and reduce the risk of disputes in the future. This often involves discussing how property and other assets should pass to family members and ensuring the appropriate legal structure is in place.

When a bereavement occurs, families often need support in understanding the practical steps involved in administering an estate. Where a Will exists, the executors apply for a Grant of Probate. If there is no Will, the estate is usually administered under Letters of Administration.

We guide executors and families through this process by identifying the assets of the estate, helping deal with liabilities and ensuring that the estate is distributed in accordance with the relevant legal rules. Clients often have practical questions about the process, including how long probate typically takes and what responsibilities fall on those managing the estate. Our role is to explain these issues clearly and support clients throughout the administration of the estate.

Residential Property & Conveyancing

Buying or selling a home is often one of the most significant financial decisions people make. The legal process can feel unfamiliar, particularly for first-time buyers or those moving home after many years. Our role is to guide clients through each stage of the transaction so that everything proceeds smoothly and securely.

This includes reviewing the legal title to the property, carrying out the necessary searches and ensuring that the buyer receives good and marketable title before exchange and completion. We also identify any legal issues affecting the property and explain what they mean for the client before commitments are made. This forms part of the work carried out by a conveyancing solicitor.

Where a property is being purchased jointly, we also advise clients on how the ownership should be structured. Property may be held as joint tenants or as tenants in common and the choice can have important implications for inheritance and financial planning in the future. By addressing these questions early in the process, we help ensure that the legal arrangements reflect the intentions of those involved.

Commercial Property

Property decisions can also play a central role in the development of a business. Whether a client is taking on their first shop premises, expanding into a new restaurant space or purchasing a commercial unit as an investment, our role is to help them understand the legal commitments involved before agreements are signed.

Commercial leases often contain detailed provisions relating to rent reviews, service charges, repair obligations and break clauses. We work with clients to review these terms carefully so that they understand the long-term implications for their business. Clients frequently come to us when they need advice on what to check before signing a commercial lease or when they want to understand the potential risks contained within commercial lease agreements.

We regularly advise clients in situations such as someone leasing a shop for their business, a restaurant owner taking a commercial lease, a small company renting office space, or a local business purchasing a small commercial unit. In some cases, clients also want guidance on whether leasing premises or purchasing property is the better long-term option.

Disputed Wills & Property Ownership Disputes

While many matters can be resolved through careful planning, disputes sometimes arise where expectations differ or ownership arrangements are unclear.

Inheritance disputes may occur where beneficiaries disagree about the meaning of a Will or believe they should have received financial provision from an estate. Where appropriate, we advise clients on potential claims under the Inheritance Act 1975 (Inheritance Act Claims Explained) and help them understand the options available.

Property disputes can also arise where individuals have contributed financially to a property but are not recorded as legal owners. In certain situations the law may recognise a beneficial interest through a constructive trust. Where disagreements develop between co-owners about whether a property should be sold or how ownership shares should be recognised, we help clients assess the legal position and explore practical ways of resolving the matter. In some cases this may involve legal proceedings.

Led by Legal Expertise

Burt Brill & Cardens has built a strong reputation in private client and property law within the Brighton and Sussex legal community. Our firm maintains professional connections with organisations such as STEP, reflecting a continued commitment to high professional standards in private client practice.

The firm’s standing within the legal community is also reflected in the appointment of David Edwards as Under-Sheriff of East Sussex, a historic legal office that supports the High Court and the office of the High Sheriff within the county. The role of Under-Sheriff  is typically held by an experienced solicitor and reflects the trust placed in that individual by the legal profession. Appointments of this nature recognise both professional expertise and longstanding involvement within the legal system.

Contact Us if You Need an Expert Solicitor

If you require legal advice, or specifically advice on Wills, probate, conveyancing, property ownership or inheritance disputes, Burt Brill & Cardens can provide clear and practical legal guidance.

Speaking with one of our experienced solicitors at an early stage often helps clarify the legal position and allows informed decisions to be made with confidence. For further information or to arrange a consultation, please contact us.

Contact

Get in touch

Speak to one of our solicitors today. We would love to hear from you and discuss any legal issues you may have and how we can assist you.

Find Us

30 Old Steine, Brighton, BN1 1FL