Court of Protection deputies play a crucial role in safeguarding the interests of individuals who lack mental capacity to manage their affairs. However, as we move through 2025, deputies—whether professional, local authority, or lay (family) deputies—are expected to face an increasing number of challenges. From systemic court delays to financial pressure, deputies must navigate a complex landscape to ensure they continue acting in the best interests of the people they support.

Below are some of the key challenges expected to shape deputyship in 2025.

  1. Court Delays and Backlogs

The Court of Protection has been experiencing significant delays in processing applications, and this is likely to persist or even worsen in 2025. Factors contributing to this include:

Increased applications – More local authorities are now required to apply for deputyship after being told they cannot manage private pensions under appointeeship.

Staffing shortages – The court system continues to struggle with resourcing issues, affecting case processing times.

Complex applications taking priority – Cases involving disputed capacity, safeguarding concerns, or complex financial arrangements may take precedence, delaying routine applications.

For deputies, this means longer waits for crucial orders, such as property sales, access to funds, and approval for financial planning decisions. Managing expectations and planning ahead will be more important than ever.

  1. Increased Scrutiny from the Office of the Public Guardian (OPG)

In recent years, the OPG has tightened its oversight of deputies, in particular, we have seen an increased scrutiny of OPG102 annual reports, requiring more detailed justifications for expenses and investment decisions.

Family members acting as deputies may struggle to meet administrative and reporting requirements without professional guidance.

  1. Cost of Living and Financial Pressures

Economic uncertainty and rising costs will continue to impact deputies, particularly those managing finances for individuals on limited incomes. Challenges include:

Increasing care costs – Residential and domiciliary care fees are rising, making it harder to ensure long-term financial sustainability.

Managing property in a buyer’s housing market – Deputies selling property to fund care may struggle with market fluctuations.

Balancing financial planning with the individual’s best interests will be more challenging than ever, requiring deputies to seek specialist financial and legal advice.

Final Thoughts

Being a Court of Protection deputy in 2025 will come with increasing challenges, from longer court delays to greater financial pressures and more scrutiny over decision-making. Deputies will need to be more proactive than ever, keeping detailed records, planning ahead, and seeking expert advice where necessary.

 

Families in the South East are being urged to take action to safeguard their financial future ahead of upcoming changes to inheritance tax (IHT) rules.

The latest budget announced a freeze on the IHT nil rate band and residence nil rate band thresholds until 2030, meaning more families are likely to be impacted as property values continue to rise. Changes to tax relief on certain assets and adjustments to pension rules will see more estates facing unexpected tax liabilities.

Rebecca Louis and Matt Parr, both Partners at award winning, Mayo Wynne Baxter solicitors, warns that failing to plan ahead could result in significant financial losses for loved ones, with many unaware of the options available when it comes to planning to mitigate IHT.

New research from The Association of Lifetime Lawyers, a membership body of expert lawyers from across the UK, reveals a sharp increase in concerns around IHT. A staggering 80% of their lawyers have reported a surge in IHT-related enquiries over the last six months alone, with interest spiking further (68%) following the latest budget.

More than three-quarters (77%) have observed a growing trend of clients exploring the option of gifting assets during their lifetime to reduce the IHT bill their loved ones might have to pay. Despite this rising demand, 66% of lawyers believe many people remain unaware of their options for IHT planning.

Matt Parr stresses the urgency of acting before it is too late: “The landscape of IHT is shifting rapidly, and we’re seeing many people left uncertain about how to protect their loved ones. We’ve seen an increase in interest in property gifting, as well as growing concerns about access to pensions funds that could jeopardise long-term financial security.”

“The complexity of these changes has caused confusion among families. Taking proactive steps now can help minimise the impact of IHT and ease financial and emotional stress for your family. Discussing finances and estate planning may feel challenging, but being open about it is key to ensuring loved ones are well cared for in the future.”

Rebecca Louis adds: “One big change is that from April 2027 most unused pension pots and lump sum death benefits will become part of a person’s estate for IHT purposes, potentially pushing many more people over the IHT threshold.  Given the potential impact of this change, it’s a good time to review your will as part of your overall investment and gifting strategy to ensure your legal and financial arrangements are as tax-efficient as possible.”

Seeking professional advice from a specialist solicitor, such as an Accredited Lifetime Lawyer, can provide peace of mind and a clear strategy to navigate these complex changes with confidence.

Family Justice Council Guidance on Neurodiversity in the Family Justice System: A Welcome Step for Families and Practitioners

We understand that navigating the complexities of the family justice system can be overwhelming, especially navigating legal jargon, unclear deadlines and an abundance of paperwork.  Whether you’re a parent, child, or involved in any family law matter, it’s essential that the justice system is fully equipped to cater to the diverse needs of all individuals. That’s why the recent Family Justice Council’s Guidance on Neurodiversity in the Family Justice System for Practitioners is a welcome step forward.

Why is this Guidance Important?

It is estimated that 1 in 7 people in the UK are neurodivergent. Whether you’re going through divorce, dealing with child arrangements, or any other family law matter, these conditions can significantly impact how individuals process information, communicate, and respond to the demands of the legal system.

Key Points from the Family Justice Council Guidance

The Family Justice Council’s guidance offers a number of practical recommendations to help practitioners support clients with neurodiversity. Here are some of the key takeaways:

Understanding Neurodiversity: The guidance emphasises the importance of recognising that neurodiversity is a different way of thinking and processing information. Practitioners are encouraged to adopt a more inclusive approach when working with clients, avoiding assumptions, and instead, tailoring their communication and procedures to meet the individual needs of each person.

Adapting Communication Methods: One of the most important aspects of the guidance is the recommendation to adjust communication methods. This could include providing written summaries of verbal instructions, using visual aids, or offering extra time for clients to process information. Such adjustments can make a significant difference in ensuring that neurodiverse clients feel heard and understood throughout the legal process.

Encouraging Participation: For many neurodivergent individuals, participating in legal proceedings can be daunting. The guidance advocates for supporting clients in ways that encourage full participation in the process, including using specialists or advocates if necessary, to ensure their voices are fully represented.

Recognising the Impact on Decision-Making: The guidance highlights the potential challenges neurodivergent individuals may face in terms of decision-making, particularly in high-pressure situations. By recognising these challenges, family law professionals can take extra care in helping clients make decisions that are in their best interests and in the best interests of their families.

Supporting Parents and Children: The guidance also underscores the importance of considering the needs of both parents and children who may have neurodiverse conditions.

How Mayo Wynne Baxter Solicitors Can Help

At Mayo Wynne Baxter, we are committed to providing a compassionate and understanding approach to family law matters. We recognise that every family is unique, and that includes understanding and respecting neurodiversity. Our experienced team of family law solicitors are well-versed in the complexities of neurodiversity in the legal system and can offer tailored advice and support to ensure that all individuals have access to fair legal representation.

If you or someone you know is navigating family law proceedings and is concerned about how neurodiversity may affect the process, we encourage you to get in touch with our team.

Matthew Pennycook MP has announced on 23 January 2025 that he has signed regulations to remove the two-year ownership rule for leaseholders of flats to extend their lease, and leaseholders of houses to extend their lease or buy their freehold.

What does this mean?

It means that rather than having to wait two years after you have purchased your property, or going through the complicated process of asking a seller to exercise and then assign their right to you on completion, you can exercise your right to purchase or extend from the moment that you own the property.

This is seemingly a fairly small change in leasehold law, but a win for leaseholders who will not have to ask sellers to do this on their behalf at extra expense and complication when they purchase a property.

Nor will a slight change in ownership of their property prevent them from exercising their right – for example, where you own a property for over two years and then perhaps add a partner to it, even though you have owned it for the requisite time, the change in ownership to joint owners would previously have meant you’d have to wait two years again.

This will also aid leaseholders who need a lease extension but can’t exercise their statutory right to obtain one as they haven’t owned it for long enough, so they feel forced to agree to onerous terms because that is all the Landlord will offer them.

Does it disadvantage Landlords though?

Arguably not as the notices which exercise the right of a leaseholder who has owned for two years have always been assignable to the new owner without them having to wait for the two year period to continue. The change just removes the needs for the additional work in doing this, and the trap that a leaseholder could fall into if they decided not to deal with a lease extension during the purchase process.

The change is effective from 31 January 2025.

Further reforms are anticipated this Spring and we await hearing what this might mean for Landlords and Leaseholders alike.

If you have any questions on the above please contact the Enfranchisement team.

I read an article about Max George, singer of The Wanted, who revealed to The Sun Newspaper that he wrote a Will from his hospital bed before having surgery for a heart condition.  Max George told The Sun that he took his phone out and started spelling out what to do with his assets. This article starkly reminded me of the importance of planning ahead and seeking proper advice so that if life takes an unexpected turn, you aren’t scrambling to address legal and financial matters.

In this instance, Max George taking his phone out to make notes in a phone app would not meet the criteria for a valid Will. In the UK, electronic wills, including detailed instructions in a note’s app remain invalid under the law. The current legislation mandates that a Will must be in writing, signed by the testator, and witnessed in the presence of two independent witnesses who also sign the document. If these requirements aren’t met, no matter the exigent circumstances, it is likely to result in the estate being distributed under intestacy rules instead of the Testator (in this case Max)’s own wishes. Max George also lives with his partner Maisie Smith, but they aren’t married which means that under the rules of intestacy she would not be automatically entitled to receive anything from his estate.

Max George’s particular circumstance involved him going in for heart surgery which also carries other potential risks such as temporary incapacitation or unforeseen complications. What Max may not have considered is the importance of also having in place Lasting Powers of Attorney (LPAs). While most operations are successful, it’s essential to plan for every outcome.

An LPA allows you to appoint someone you trust to make decisions on your behalf, with your permission for the Lasting Power of Attorney for Property and Finance, or if you are no longer able to do so for both. There are two types:

  • Health and Welfare LPA: Covers medical care, living arrangements, and other personal matters.
  • Property and Financial Affairs LPA: Relates to your finances, including bills, investments, and property.

As this situation reminds us, younger adults are not immune to unexpected events like accidents or sudden illnesses. Without LPAs in place, your loved ones might face lengthy legal processes to gain decision-making authority in order to help manage your health and financial affairs.

This story highlights an issue many prefer to avoid: the unpredictability of life. Writing a Will and setting up Lasting Powers of Attorney are often perceived as something to do later in life. However, the story of Max George and his late bandmate Tom Parker, who died in 2020 without a Will shows, life’s uncertainties mean it is always best to be prepared.

Wills are not just for celebrities, the elderly or those with significant wealth. They are vital for anyone with dependents, assets, or specific wishes regarding their estate. From appointing guardians for children to specifying how property should be distributed, a Will ensures that your intentions are honoured.

Our firm specialize in Wills, Lasting Powers of Attorney, Attorney Affairs and Probate, offering guidance tailored to your unique circumstances. We understand that these conversations can be emotionally challenging, but they’re also an important act of love and responsibility. By addressing these matters now, you can spare you and your loved one’s additional stress during difficult times and provide them with the reassurance of knowing your wishes are clear.

 

Georgia Dellar

We are proud to announced a 7% increase in MWB’s revenue for the past financial year, taking the firm’s turnover to more than £13.5 million for the first time, thanks to organic growth and team expansion.

In September 2023, the firm merged with Pure Employment Law in Chichester, bolstering its employment team. MWB has also made significant investments in its family and private client teams with the appointment of partners Marie Stock and Marwa Hadi-Barnes.

Dean Orgill, chief executive partner at Mayo Wynne Baxter, said: “Our continued growth is a testament to the strength and dedication of our teams, as well as our ongoing commitment to delivering exceptional legal services to our clients.”

Steeped in history, the firm has been part of the Sussex community for more than 150 years – supporting local people, their families and their businesses.

Dean continued: “While we are proud of these results, we remain focused on ensuring that our growth is both sustainable and aligned with our values.

“It is important to us that we maintain our close ties to the communities we serve, continue to offer a rewarding environment for our people, and keep delivering the high-quality legal services that have become the hallmark of Mayo Wynne Baxter.”

In addition to this revenue growth, Mayo Wynne Baxter has further strengthened its footprint across Sussex, adding Chichester to its geographical reach as well as investing in new premises in Eastbourne.

The firm also remains committed to career development and training, particularly promoting social mobility. The firm made four promotions in the past financial year.

The firm, which became part of legal and professional services group Ampa May 2022, now sits firmly in the Lawyer’s Top 100 Law Firms, with the group ranking at number 47.

Dean added: “The integration into the Ampa group has undoubtedly played a pivotal role in enabling us to accelerate this growth, providing us with enhanced resources, strategic support, and opportunities for cross-collaboration.

“We look forward to continued success and are open to hearing from like-minded talent who share our values of being both purposeful and profitable.”

I read the recent BBC news article about a professional Attorney accused of mishandling his clients’ finances.  As part of a team that specializes in Attorney Affairs who understand the level of trust our clients and their loved ones place in us and our work, I was extremely disheartened. It is a privilege to be able to help and guide clients and attorneys alike through a time that can be daunting and deeply emotive for all involved.

Attorneys must always act in the Donor’s (the person granting power to an Attorney) best interests at all times, regardless of whether the Donor does or does not have capacity. Until proved otherwise, the assumption should always be that the Donor retains capacity, and therefore autonomy to make decisions in relation to their property, their finances, their care and their health.

As there is no mention in the article of either of the clients mentioned having lost capacity, I will assume that they each retained capacity and so should have, at the very least been consulted in relation to any decisions being made of their behalf. The Mental Capacity Act (MCA) 2005 states that any person making decisions, such as under scope of a Power of Attorney, “must, so far as reasonably practicable, permit and encourage the person to participate, or to improve their ability to participate as fully as possible in any act done for them”.

If someone thinking about preparing a Lasting Power of Attorney is considering appointing a professional Attorney, there are some steps they can take to protect themselves and be confident in who they are appointing:-

  • Read testimonials – legal professionals will usually have their own profiles on their company’s website where they can display testimonials from clients.
  • Research your lawyer – as well as client testimonials, if a legal professional holds a membership with The Association of Lifetime Lawyers (ALL) or the Society of Trust and Estate Practitioners (STEP), this should also be noted on their profile. Both the ALL and STEP hold their members to a high standard of professionalism, so having either of these memberships is a good sign that the legal professional, knows their obligations, has undertaken to uphold certain standard and provide a great service to their clients.
  • Ask for recommendations – a family member, a friend or a colleague might be able to recommend a legal professional that they have had a positive first hand experience with, or know of someone who can.

It is the responsibility of everyone working with vulnerable people to put that person first and behave beyond reproach and for every person working for a regulated law firm to uphold public trust and confidence in the legal profession.  It is a great shame to read stories such as this where that appears not to have happened, but I am, however, confident that this gentleman is an exception and not representative of the profession as a whole.

We at Mayo Wynne Baxter pride ourselves on our professionalism, and always have the best interests of our clients at the heart of what we do. We take the time to get to know our clients, their needs and their wishes so that we can continue to do right by them, and so they can rest assured that they are in safe hands.

Please do not hesitate to contact our specialist Attorneys Affairs Team if you have any questions or concerns; we are always happy to help.

Tel: 01273 477071

Email: trowden@mayowynnebaxter.co.uk / adodsworth@mayowynnebaxter.co.uk

What is the Leasehold and Freehold Reform Act 2024?

The Leasehold and Freehold Reform Act 2024 (‘the Act’) is a new piece of legislation that is intended to help leaseholders by making it easier and less expensive to buy your freehold, extend your lease and to assist with service charge regimes.

What does the Act do?

It makes various changes to leasehold and freehold legislation including:

  • Making it cheaper to extend your lease or buy your freehold by ceasing the requirement that a leaseholder has to pay their landlord’s legal costs
  • Banning the sale of new leasehold houses (other than in restricted circumstances)
  • Stopping excessive buildings insurance commissions
  • Ending the 2 year ownership requirement before extending a lease or purchasing a freehold related to the lease
  • Granting additional rights to freehold homeowners similar to those which leaseholders currently have with regards to estate charges and the transparency of how they have been calculated
  • Enabling more leaseholders to purchase their freeholds or exercise their right to manage where they live in a mixed-use building – currently you are barred from purchasing the freehold under the LRHUDA 1993 if more than 25% of the floor space is commercial property in your building. This restriction is being increased to 50%.
  • Increasing lease extension terms under the LRHUDA 1993 or LRA 1967 from a 90 or 50 year extension to a 990 year extension
  • Landlords who manage their own buildings will be required to belong to a redress scheme so that they can be more easily challenged in relation to poor practice
  • Removing the presumption that the leaseholder will pay the landlord’s legal costs if they challenge service charges
  • Introducing a legal right to buy out a ground rent (previously the only way to insist on this was by exercising your right to a lease extension)

Is the Act currently in force?

No. It became law in May 2024 but the main provisions of the Act require more legislation to bring them in to force. It may take the new Labour government some time to bring them in and for the time the pre-reform law applies.

What other reforms are anticipated?

The government has suggested further legislation will be introduced to continue these reforms in 2024/25. They are committed to ending leasehold and reviving commonhold.

They have indicated that they would like to:

  • Progress the Law Commission’s other recommendations in relation to leasehold
  • Take further action in relation to unfair ground rents
  • Restrict the draconian right of forfeiture
  • Require all new flats to be sold as commonhold flats
  • Further address the issues with private housing estates and the management charges that owners are being forced to pay

These further suggestions are eagerly anticipated by homeowners and enfranchisement practitioners.

 

Jo Ironside – Partner in the Enfranchisement Team

See our further commentary here: I need a lease extension – should I wait to extend my lease? 

 

Unfortunately, there is no black and white answer to this question as it depends on your personal circumstances.

The Leasehold and Freehold Reform Act 2024 is not currently implemented, and we do not know when the secondary legislation it requires will be completed by the government. The changes that the Act will bring may not kick in until 2025 or 2026.

In deciding what to do you should consider:

Will the Act make a lease extension cheaper for me?

It might do if your lease term has under 80 years left, or if your ground rent is more than 0.1% of the value of your property (i.e. over £200 on a property worth £200k). The Act was intended to help people by removing the requirement to pay ‘marriage value’ which kicks in when you drop below 80 years, and to help people who are bound to pay high ground rents in their lease by capping the sums for the purposes of computing the premium you will pay.

Will the Act make a lease extension more expensive for me?

The aim of the legislation is to make it cheaper to extend a lease or buy the freehold and the abolition of marriage value and having to pay landlord’s costs will likely achieve this – BUT at the current time it is impossible to say that ALL leaseholders will pay less.

There are some elements of the valuation of the premiums you will pay that are still uncertain  (i.e. the deferment and capitalisation rates) and it is possible that if they are set in legislation at a different rate to what is currently being used by surveyors then it could actually increase the cost of a lease extension premium.

It is thought currently that it is possible that the purchase price you would pay, where you have more than 80 years left on your lease, or a relatively low ground rent, may increase albeit that this is not what was originally envisaged.

What does this mean?

You may have your own reasons for pursuing the freehold of your flat, or a lease extension as soon as possible. For example, if you are considering selling the property imminently you may not want to wait, or if you want to obtain the freehold with your neighbours because taking over the management of your building is important to you as well as getting a lease extension. This means that there is no objective answer to whether you should extend now or wait.

However, it is anticipated that, if your lease has already fallen below 80 years or you have a high ground rent and you have no pressing need to extend your lease or purchase your freehold, then you would likely be better off waiting for the law to change before taking action. In these circumstances, the proposed removal of marriage value and the cap on ground rent in calculating the premium you will pay will be advantageous.

In what circumstances would it be prudent to extend my lease before the reforms?

  • If you are looking to sell in the next year or so – lease extensions can hold up sales and cause chains to breakdown. If you know you need a lease extension and will be wanting to sell soon– you should extend now to avoid this.
  • If you have 80-82 years left on your lease – the reforms are unlikely to be in before you drop to under 80 years left on your term when marriage value kicks in. You should extend now as there is no guarantee that it will be cheaper in future.
  • If you are mortgaging or remortgaging and the current lease is an issue – probably better to deal with this issue now.
  • If you own a share of the freehold – the changes will not impact you as in this situation you are unlikely to need to pay a premium to obtain a lease extension.

When will it benefit me to wait before extending my lease until the reforms are brought in?

  • If your lease has more than 82 years left – you could extend now to take advantage of the certainty of the current legislation – or you could take your chances and hope that the legislation lowers the cost as it was intended to in due course.
  • If your ground rent is above 0.1% of your property value (or will be) – it is worth waiting if you can because it many be cheaper under the amended regime.
  • If your lease term has dropped under 80 years – the abolition of marriage value will likely make it cheaper if you wait.

Our specialist enfranchisement team would be happy to discuss this further with you if you’re still not sure what to do.

Jo Ironside – Partner