People in unmarried relationships often believe that their position as ‘common law wife’ or ‘common law husband’ provides them with the legal protection they need when it comes to inheritance claims.

Unfortunately, this isn’t true. The ‘common law’ inheritance claim protection is a myth that has been passed around through the years and has resulted in a great deal of confusion and false sense of security, when the truth is that there is no legal protection at all.

The issue typically arises when an unmarried couple decides to end their relationship. With the number of people cohabiting in the UK more than doubling during the past two decades, it has been an ever-increasing source of confusion, problems, and no doubt heated arguments.

The spread of the ‘common law’ myth

As the ‘common law’ myth has continued to circulate, it means many unmarried couples are faced with quite a shock when then split up and then realise that they do not have the same rights as their married counterparts. Regardless of how long the unmarried couple have been co-habiting, or if they have raised a family together, they simply do not have the same rights as married couples under the current law. This means millions of people across the country could be living in ignorance of their true legal position.

However, it’s not just the breakdown of a relationship between an unmarried couple that can prove problematic, as many inheritance disputes also arise when a partner dies and leaves the surviving partner with no adequate financial provision.

Inheritance claim problems within common law marriage

Many unmarried couples believe that if one of them dies without leaving a will that provides a benefit to their partner, their surviving partner will still automatically inherit something from them. Unless the couple own a property as ‘joint tenants’, the surviving partner will not automatically inherit anything from the common law partnership.

This is the opposite outcome to a case that involves a married couple, whereby the surviving spouse would automatically inherit some or all of their deceased spouse’s estate, even if no will is in place.

It’s easy to imagine the stress this can add to an already difficult or traumatic situation. It can lead to heated arguments and family rifts - something that can be particularly difficult to navigate when children are involved, and the families are somewhat blended.

Read: What happens to your assets if you don’t leave a will?

Will common law inheritance laws change?

One day, the laws surrounding inheritance claims for common law relationships may change, but there is no sight of an amendment to the current laws arriving any time soon. If the day of a law change does arrive, it’s unlikely to see married couples and unmarried couples both placed on the same footing when it comes to inheritance claims.

Therefore, the best thing any concerned unmarried couple can do is to realise that they do not have the same legal rights and take the action required to stop problems from arising in the future should the worst happen. It would be well worth your while speaking to experienced family solicitors about writing a will that ensure your estate is distributed as you see fit.

The same advice can still extend to married couples – creating a will is the best way to ensure peace of mind and be safe in the knowledge that your spouse and other loved ones receive what you would want them to receive should the worst happen to you.

Read: What is the best method of writing a will?

To discuss your option surrounding an inheritance claim, to learn more about our contentious probate services or to how find out how we can help you write or update a will, don’t hesitate to get in touch with our team of expert family solicitors here at Fonseca Law. You can get in touch by calling 01495 303124, e-mailing enquiries@fonsecalaw.co.uk or by completing our simple online contact form.