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Cohabiting increase could lead to rise in inheritance disputes

The latest increase in the number of couples living together in the UK could lead to a rise in inheritance disputes, according to a leading solicitor in this area of law.

Latest figures reveal that the number of opposite sex cohabiting couple families has increased significantly, from 2.2 million in 2003 to 2.9 million in 2013.

Andrew Leakey, a managing partner at Stephensons Solicitors LLP, believes this could correlate with an increase in inheritance claims, because people wrongly assume living together gives them the same legal rights as married couples.

Andrew said: “There is no such thing as a common law husband or wife. It is a myth which has led to unnecessary heartbreak when one of the couple has passed away and disputes arise over the house and other assets. I have many cases where couples have co-habited without making a Will, leading to legal action after the death of a loved one.

“The increase in co-habiting couples will probably lead to an increase in inheritance disputes which could include burial disputes, Will disputes, claims regarding lack of mental capacity and disputes with executors of the Will.”

Stephensons has seen a peak in Inheritance Act dependencies cases in the last couple of months, possibly down to the economic climate as well as the rise in co-habiters. These types of cases arise when a deceased person’s family or other dependents are not catered for in a Will, or when no Will has been made.

Often these claims are brought forward because, unlike married couples, the surviving co-habiting partner will have no automatic right to any of their partners’ estate.

Heather Korwin-Szymanowska, a specialist solicitor in inheritance disputes and also a member of the elite Association of Contentious Trusts and Probate Specialists, added: “For anyone who may have a claim against their late partner’s estate, it is important that you seek specialist legal advice as early as possible as there is a time limit in which they can bring forward a claim.

“I would also advise everyone, in a couple or living alone, to make a Will to ensure property and possessions are left as they wish.”