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Estate Planning in Brighton and Hove

Wills, lasting powers of attorney, trusts and inheritance tax planning for a coastal city where the average home already sits above the nil-rate band, and where many couples are not married.

Written by the Fairchild Oldfield team · Serving Brighton and Hove across England and Wales · Last reviewed: July 2026

£404,000
The provisional average house price in Brighton and Hove in May 2026. That is around £79,000 above the £325,000 nil-rate band, so a typical local home is already past the point where inheritance tax can start to matter.
Average price: ONS and HM Land Registry UK House Price Index, May 2026 (provisional, subject to change). Threshold: gov.uk, as at July 2026, subject to change.

Brighton and Hove is not a typical retirement coast. It is a densely built city of Regency terraces, converted flats and seafront maisonettes, home to more single people, more cohabiting couples and more same-sex couples than most of England and Wales, and its average home already crosses the inheritance tax nil-rate band. Those three facts shape what estate planning here actually needs to deal with.

Fairchild Oldfield helps people across the city bring the working parts of a plan together: a valid will, a lasting power of attorney, any trusts that suit the family, and consideration of inheritance tax. Because so much local property is leasehold and so many local households are not married, the standard advice given to a married couple with a detached house often does not fit a Brighton estate at all. This page is general information about estate planning for the Brighton and Hove area and how we work; it is not advice for any individual estate.

House prices and the nil-rate band in Brighton and Hove

The provisional average house price in Brighton and Hove was £404,000 in May 2026, down 1.4% over the year (ONS and HM Land Registry UK House Price Index, May 2026, provisional, subject to change). That matters because it sits above, not below, the £325,000 nil-rate band. In lower-priced coastal towns a single owner's home can fall inside that first allowance; in Brighton, the average property on its own has already used it up.

The property-type split makes the point sharper. In the year to May 2026 the average Brighton and Hove terraced home was £469,000, a semi-detached £542,000 and a detached house £843,000, while flats and maisonettes averaged £293,000 (ONS and HM Land Registry UK House Price Index, May 2026, subject to change). Set those against the thresholds: a single person can pass on up to £325,000 free of inheritance tax, rising to as much as £500,000 where a main home passes to children or grandchildren, and a married couple or civil partners up to £1,000,000 between them by combining both nil-rate and residence nil-rate bands. The standard rate is 40% on the part of an estate above the available thresholds, and the residence band is withdrawn by £1 for every £2 of estate above £2,000,000 (all figures gov.uk, as at July 2026, subject to change).

So an owner of a Brighton terrace at around £469,000, with modest savings and a pension pot left in the estate, can be over the £325,000 nil-rate band well before the residence allowance is brought into play, and the residence allowance only applies where a home passes to direct descendants. Even a flat owner near the £293,000 average is not far below the line once savings are added. The uncomfortable point for a lot of local households is that they may need the residence nil-rate band to work, and, as the next section explains, that band does not reach everyone.

FigureLevel
Average Brighton and Hove home (May 2026, provisional)£404,000
Average flat or maisonette (May 2026)£293,000
Average terraced home (May 2026)£469,000
Average semi-detached home (May 2026)£542,000
Average detached home (May 2026)£843,000
Nil-rate band£325,000
Residence nil-rate bandUp to £175,000
Standard inheritance tax rate40%

House prices: ONS and HM Land Registry UK House Price Index, May 2026 (provisional). Tax figures: gov.uk/inheritance-tax. All figures as at July 2026 and subject to change.

The planning point that catches Brighton households out

Brighton and Hove has a higher share of cohabiting couple households than the South East or England as a whole, at around 14% of households, roughly 17,509 homes at the 2021 Census, and it recorded the highest proportion of people in same-sex marriages or civil partnerships of any local authority in England and Wales (ONS Census 2021, Brighton and Hove, subject to change). More than a third of the city's adults have never married or registered a partnership (Brighton & Hove City Council, 2021 Census city profile, subject to change). For estate planning, that demographic picture changes almost everything.

The reason is that the inheritance tax rules reward marriage and civil partnership, and give unmarried partners nothing by default. A married partner or civil partner inherits under a will free of inheritance tax under the spouse exemption, can inherit any unused nil-rate band from the first death, and, where a home passes on, can use both residence nil-rate bands. A cohabiting partner has none of that. Assets left to them are not spouse-exempt, there is no transferable nil-rate band, and the couple's home cannot double up the residence allowance. Two people living the same lives in the same flat can face very different bills purely because of a certificate.

It goes further than tax. If a cohabiting partner in Brighton dies without a valid will, the rules of intestacy give the surviving partner nothing at all, however long they lived together, because unmarried partners are not recognised under those rules (gov.uk, intestacy rules, as at July 2026, subject to change). The home may pass to parents or siblings rather than the person who shared it. For the many local couples who have chosen not to marry, a will is not optional housekeeping, it is the only thing standing between a partner and the intestacy rules. This is the single most common reason we suggest people in the city look at their arrangements sooner rather than later.

Flats, leasehold and the downsizing question

Brighton and Hove is a flat city. Flats were the most common type of property sold in the area, at roughly 47% of sales in a recent year (Varbes, Brighton and Hove housing market, drawing on Land Registry data, subject to change). Most of those flats are leasehold, which adds a few practical wrinkles when an estate is administered. The value that passes is the lease, not the freehold, so the remaining lease length and any ground rent or service charge arrears feed into the estate valuation, and a short lease can be harder for executors to sell or to value at probate. It is worth executors knowing where the lease, share of freehold documents and management company details are kept.

The flat market also connects to a part of the inheritance tax rules that suits Brighton well. Many people sell a larger house elsewhere and move to a flat in the city later in life. If someone downsizes to a less valuable home, or sells up entirely, on or after 8 July 2015, their estate may still be able to claim a downsizing addition so the residence nil-rate band is not simply lost (gov.uk, residence nil-rate band, as at July 2026, subject to change). The rules are detailed and depend on records of the former home and its value, so this is an area where keeping paperwork and taking advice before or soon after a move tends to pay off. It is also a reason the residence allowance is worth understanding even for someone now living in a modest seafront flat.

Later-life planning and care fees

As a coastal city Brighton and Hove also has a substantial older population living in flats and terraces that have grown in value over decades. Two documents matter here more than any tax planning. A lasting power of attorney lets someone you trust manage your finances or health decisions if you lose mental capacity, and without one your family may have to apply to the Court of Protection, which is slower and more costly (gov.uk, lasting power of attorney, as at July 2026, subject to change). For a single or widowed owner, or a cohabiting partner who has no automatic authority to act for the other, an LPA is often the more urgent piece.

Care is the other later-life concern. If you move into residential care, the local authority financial assessment can take the value of your home into account, subject to the rules on who else lives there and to capital limits that are set nationally (gov.uk, paying for care, as at July 2026, subject to change). We can discuss planning that may help with limiting the impact of care fees as part of a wider estate plan, though what is possible depends on individual circumstances and the rules at the time, and deliberate deprivation of assets rules apply. This is general information, not a recommendation for your situation.

How we work in Brighton and Hove

Local knowledge, no local branch

We meet people in the way that suits them, and agree fees in writing before any work begins.

Our advisers cover Brighton by phone, video or in person across England and Wales.

Fairchild Oldfield keeps no premises in Brighton or Hove, and a leasehold flat or a Regency terrace is looked after just as carefully without one. Much of the work, the first conversation, reading a lease or title, and drafting, sits naturally over a video call, with an in person meeting arranged when someone would rather sit down together. That suits shift workers, carers and less mobile owners around the city. Each piece of work opens with a confidential review of your household, property, debts and wishes, then a written summary of options and fees before anything is drafted, so nothing arrives as a surprise later. Our pricing page shows how fees are structured, and you can book a consultation whenever it suits you.

What we help with

Estate planning services for Brighton and Hove

The right combination depends on your household, your property and your wishes. In this city, the will and the LPA usually come first.

Wills

The one document that protects an unmarried partner from the intestacy rules, and sets out who inherits a leasehold flat or family home. Our guide to writing a will covers the essentials.

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Lasting Power of Attorney

Lets people you choose act on finances or health and welfare if you lose capacity, particularly important where a partner has no automatic legal authority.

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Inheritance Tax

Considered use of allowances, gifts and reliefs where a Brighton home has pushed an estate over the nil-rate band, and where a couple is not married.

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Care Fees Planning

Considered planning that may help with limiting the impact of later-life care fees, subject to your circumstances and the rules at the time.

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Trusts

Let trustees hold assets for beneficiaries, useful for children from an earlier relationship or to protect a share of a jointly owned home.

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Probate

Administering an estate after death, including the extra steps a leasehold flat can involve. A clear plan now reduces delay and cost later.

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Areas we cover in and around Brighton and Hove

Beyond the city centre, we work with households from Hove seafront to the Downs villages and along the coast road east and west. Since the service runs over phone and video as readily as in person, a postcode on the far side of the city is no barrier. Places we are often asked about include:

  • Hove
  • Kemptown
  • Preston Park
  • Patcham
  • Hangleton
  • Portslade
  • Woodingdean
  • Ovingdean
  • Rottingdean
  • Saltdean
  • Peacehaven
  • Newhaven
  • Lewes
  • Shoreham-by-Sea

We also help clients throughout East and West Sussex and across the rest of England and Wales. An estate with assets in Scotland or Northern Ireland is a different matter, as each has its own succession and probate system, and separate advice there can be worth taking.

Brighton and Hove estate planning: frequently asked questions

My partner and I are not married and live in Brighton. What happens if one of us dies?

Under the intestacy rules of England and Wales, an unmarried partner inherits nothing automatically, however long you have lived together, because cohabiting partners are not recognised by those rules (gov.uk, intestacy, July 2026, subject to change). A valid will is the way to provide for each other. There is also no spouse exemption or transferable nil-rate band between unmarried partners for inheritance tax (gov.uk, July 2026, subject to change), so the tax position is worth reviewing too. This is general information, not advice for your situation.

Is a typical Brighton home over the inheritance tax threshold?

Often, yes, on the property alone. The provisional average Brighton and Hove home was £404,000 in May 2026 (ONS and HM Land Registry UK House Price Index, subject to change), above the £325,000 nil-rate band (gov.uk, July 2026, subject to change). Whether tax is actually due depends on the whole estate, who inherits, and whether the residence nil-rate band and any transferable allowances apply. A flat near the £293,000 average may be under the band on its own but can cross it once savings and pensions are added.

Does it matter that our flat is leasehold when we plan?

It can affect how the estate is valued and administered. What passes is the lease rather than the freehold, so the remaining lease length, ground rent and any service charge arrears feed into the probate valuation, and a short lease can be harder to sell or value. Keeping the lease, any share of freehold papers and the managing agent's details together helps whoever administers the estate. General guidance on the process is on our probate page.

We downsized to a Brighton flat from a larger house. Have we lost the residence allowance?

Not necessarily. Where someone sells a home or downsizes to a less valuable one on or after 8 July 2015, the estate may still claim a downsizing addition so the residence nil-rate band is not simply lost, provided the conditions and records are in place (gov.uk, residence nil-rate band, July 2026, subject to change). The rules are detailed, so keeping evidence of the former home and its value, and taking advice around the move, tends to help.

Does Fairchild Oldfield have an office in Brighton?

No. We do not have a branch or postal address in Brighton or Hove. Fairchild Oldfield works with households across England and Wales, including Brighton and the wider Sussex coast, by phone, video call or an in person meeting arranged to suit you. Our advisers cover Brighton by phone, video or in person across England and Wales.

Are you solicitors?

No. Fairchild Oldfield are estate planning specialists and will writers, not a firm of solicitors. For some matters, such as a contested estate or a complex tax question, a solicitor, STEP practitioner or FCA-authorised financial adviser may also be involved, and we are happy to work alongside other professionals where that suits an estate.

About Fairchild Oldfield

The Fairchild Oldfield team brings together estate planning, tax, independent financial advice and client care, working with households across England and Wales, including Brighton and Hove and the Sussex coast.

Fairchild Oldfield are estate planning specialists and will writers, not a firm of solicitors. This page is general information based on practical experience, not legal, tax or financial advice.

Important: This page is general information only and is not legal, tax or financial advice. Reading it does not create a professional relationship. It is based on the law of England and Wales, and other UK jurisdictions may differ. Figures and rules, including house prices and inheritance tax thresholds, are as at July 2026 and are subject to change. Fairchild Oldfield does not operate an office in Brighton and Hove and serves the area by phone, video or in person across England and Wales. Before acting, many people choose to seek advice from a suitably qualified professional, such as a solicitor, a STEP practitioner, an accountant, or an FCA-authorised financial adviser, who can consider their individual circumstances.

Planning ahead in Brighton and Hove?

A will, an LPA and the tax position, considered together with one point of contact, by phone, video or in person.

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