header-logo header-logo

Thoroughly modern will disputes

30 June 2023 / Niamh Wilkie , Stephanie Coker
Issue: 8031 / Categories: Features
printer mail-detail
128478
What is behind the recent increase in will & inheritance disputes? Niamh Wilkie & Stephanie Coker consider the complications caused by cohabitation & blended families
  • Increasingly, couples are cohabiting instead of getting married.
  • Families are more likely to be blended.
  • This can create complications and disputes related to inheritance and wills.

There has been a rise in the number of will and inheritance disputes in recent years. This piece seeks to discuss some of these reasons with reference to case law to demonstrate the way in which these matters come before the courts, and what practitioners can learn from these cases.

Lack of protection from cohabitation

Nowadays, more and more couples cohabit rather than get married. The Office for National Statistics confirmed that in the UK in 2022, one in five families are cohabitating-couple families. Often, couples believe in the existence of ‘common law marriage’ in the UK if they have cohabitated for a certain length of time. As such, they believe they are protected by this notion for inheritance

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll