New rights could ease heartache for unmarried couples

Government proposals to improve the legal rights of unmarried couples could prevent heartache and hardship for thousands of people, according to family law specialists.

Catherine Wenborn, of Andersons Solicitors in Nottingham, says under the present system both men and women can suffer unnecessarily when their relationships break down.

“Many people who co-habit are under the impression that they have the same protection in law as a married couple.

“This is not true but thousands of people don’t find out until it’s too late. There is no such thing as a common marriage and so co-habiting couples are in a far more vulnerable position than their married counterparts when it comes to things like pensions, inheritance and maintenance.

“There are lots myths about this. For example, many women think they are automatically entitled to financial support from their partner if they break up but they are not.”

“We come across cases where women who’ve lived with a man for 20 years yet they end up with virtually nothing when the relationship breaks ups up or he dies without making a will.

“Men can also lose out because unmarried fathers don’t necessarily have the same rights when it comes to access to children.
There are currently more than four million people living together as couples without marrying. Some make living together agreements which offer some legal protection but most do nothing at all to formalise their relationship
The government’s law reform body, the Law Commission, has now put forward recommendations which give co-habiting couples similar rights to those of married couples and those in civil partnerships.
The Commission’s consultation paper suggests that co-habiting couples who split up should be able to make the same financial claims as divorcees, although on a less generous basis.
The commission suggests the rights should apply to those who have lived together for a certain qualifying period, perhaps two years, or to those who have a child.
The recommendations are still at the consultation stage and the government plans to introduce a bill next year.
Catherine Wenborn is Head of the Family Law Team at Andersons Solicitors in Nottingham and can be contacted on 0115 988 6717 or email: cwenborn@andersonssolicitors.co.uk.

Second marriages spark disputes over wills

The rising number of second marriages and relationships involving older couples has led to a huge increase in the number of disputes over wills, according to legal experts.

Conflicts due to relationships started later in life have now become one of the main reasons for families taking legal action if they feel they’ve missed out on their rightful inheritance following the death of a relative.

Andrew Scott, dispute resolution partner at Andersons Solicitors in Nottingham, says he’s seen the figures double over the last two years and believes the numbers are likely to increase even further as people live longer and amass more wealth than ever before.

“A typical problem arises when a man marries for a second time but then leaves most of his wealth to the children of his first marriage. The second wife may feel she hasn’t been adequately provided for and decide to challenge the will.

Mr Scott said the problem also occurs the other way round with a man
leaving all his estate to his second wife and nothing or very little to the children of his first marriage.

“Such children may well be adults in their thirties and forties and they find it very hard to accept that the wealth their father built up in a long marriage with their mother should suddenly be left to a second wife who may only have been with him for a few years.

“It’s a very human problem and the resentment is made worse when they think that their father’s estate will eventually pass to the children of his second wife who may have had very little contact with him at all.”

It’s not only men’s wills that lead to disputes. Similar problems can arise involving the wills of women in second relationships.

“We also have cases in which a will ignores someone like a son or daughter who expects to inherit but gives no explanation as to why that person has missed out.

Mr Scott says many of these problems could be avoided if people made their intentions clear when drafting their will.

“If you want to exclude someone who might otherwise expect to inherit then it’s best to explain why you want to do that. A statement of wishes placed with the will can help to avoid potential disputes.

There could, however, be strong reasons why someone might need to challenge a will. Disputes can arise because a relative feels the person making the will was subjected to undue influence by someone who wants to benefit unfairly.

This might be particularly relevant if close relatives are overlooked and the estate is left to someone outside the family.

“Or it could be that a man remarries in his sixties and so he draws up a new will to include provision for his new wife. Five or six years later he changes the will and decides to leave her a little more.

“A few years down the line he updates the will again and leaves even more to the second wife. It may all be perfectly above board but it can lead to his family claiming that his second wife may have influenced him unduly.”

Anyone wanting to challenge a will must do so within six months of probate being granted.
Andrew Scott is Dispute Resolution Partner Andersons Solicitors in Nottingham. Contact ascott@andersonsolicitors.co.uk or tel: 0115 988 6729.

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