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30 June 2023 / Niamh Wilkie , Stephanie Coker
Issue: 8031 / Categories: Features
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Thoroughly modern will disputes

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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

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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