Providing the answers to your legal questions
Is it true a ‘Common Law Marriage’ means nothing in law?
There are about 3.3 million unmarried couples current- ly living together in the UK. That is about 1 family in 5, and this is also the fastest growing family type. There are many reasons for choosing not to get married, but many unmarried couples do not realise that they are leaving themselves in a precarious financial position.
This is because many of these couples mistakenly believe that if a couple lives together for long enough, or after they have had children together, that they will each automatically have the same legal rights and responsibilities as a married couple if they later split up or one of them dies without leaving a Will.
Whilst unmarried parents do have legal and financial obligations towards any child they have together, the same does not apply between the parents themselves.
What is the process of making a Will?
We spend our whole lives working to provide for ourselves and the people we love. To ensure that the assets that you have worked so hard for, pass to the people that you love, it is important to make a Will.
At Harold G Walker Solicitors, our friendly staff like to make the process as straightforward as possible for you. We begin with an interview in the office or in the comfort of your own home, if preferred. Here we will make you aware of all of the different options available to you and what can be included in your Will, such as guardians for your children, specific gifts and funeral wishes. We can also give advice on Inheritance Tax if necessary. We then take your instructions if you are happy to proceed and answer any further questions that you may have.
However, there are steps which cohabiting couples can take to protect themselves from any problems arising from separation:
Cohabitation Agreement - This records the couple’s intentions concerning property and other financial support for their children if they separate.
Declaration of Trust – This records how the equity in a property, should be shared between a couple even if their financial contributions are not equal.
Make a Will – This details how financial support will be provided to the survivor on a death of their partner.
For further information please contact a member of our Family Law team.
Cath Porter
Next, we prepare a draft Will to make sure you are happy with the content. This gives you the opportunity to add any additional beneficiaries or make any amendments.
Once you are satisfied with the content of your Will, we then arrange to meet with you again to sign the original. Once signed, you can choose whether to store your original Will within our strong room free of charge or keep the original at home. We aim to have your Will completed within two weeks of taking your instructions.
Please contact a member of our Wills & Probate team for further information.
Nicola Lowe
enquiries@hgwalker.co.uk | 01202 881454 or 01202 203200 |
www.hgwalker.co.uk Law Spot is brought to you by Harold G Walker Your Friend-in-Law.
There is no guarantee that your question will be used and you will not get a personal response. The answers in this feature are for guidance purposes only and do not constitute legal advice.
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