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Thoroughly modern will disputes

30 June 2023 / Niamh Wilkie , Stephanie Coker
Issue: 8031 / Categories: Features
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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

Quillon Law—Neil Dooley

Quillon Law—Neil Dooley

Disputes firm expands fraud and investigations practice with partner hire

Charles Russell Speechlys—Vadim Romanoff

Charles Russell Speechlys—Vadim Romanoff

Firm strengthens corporate tax and incentives team with partner hire

Burges Salmon—Gary Delderfield & Alec Bennett

Burges Salmon—Gary Delderfield & Alec Bennett

Partner and senior associate join pensions team

NEWS
Mazur v Charles Russell Speechlys [2025] EWHC 2341 (KB) has restated a fundamental truth, writes John Gould, chair of Russell-Cooke, in this week's NLJ: only authorised persons can conduct litigation. The decision sparked alarm, but Gould stresses it merely confirms the Legal Services Act 2007
The government’s decision to make the Financial Conduct Authority (FCA) the Single Professional Services Supervisor marks a watershed in the UK’s fight against money laundering, says Rebecca Hughes of Corker Binning in this week's NLJ. The FCA will now oversee 60,000 firms across legal and accountancy sectors—a massive expansion of remit that raises questions over resources and readiness 
The High Court's decision in Parfitt v Jones [2025] EWHC 1552 (Ch) provided a striking reminder of the need to instruct the right expert in retrospective capacity assessments, says Ann Stanyer of Wedlake Bell in NLJ this week
Paige Coulter of Quinn Emanuel reports on the UK’s first statutory definition of SLAPPs under the Economic Crime and Corporate Transparency Act 2023in NLJ this week
In this week's NLJ, Sophie Houghton of LexisPSL distils the key lesson from recent costs cases: if you want to exceed guideline hourly rates (GHR), you must prove why
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