According to the Office for National Statistics (ONS), unmarried cohabiting couples have for the first time become the most common relationship type in England and Wales, with an increasing number of couples living together who are not in a marriage or a civil partnership.

The data shows that although previously couples in a marriage or civil partnership was the most common partnership status among the population aged over 16, for the first time since 2014, this proportion has decreased to below 50% (49.5%).

Source: ONS.gov.uk, Population estimates by marital status and living arrangements, England and Wales: 2024.

As cohabitation continues to rise, so too does the need for clarity on the framework that governs property disputes and the protection for unmarried partners.

Disputes over jointly owned property have been steadily increasing and one area of the law that frequently arises in these situations is TOLATA claims.

In this blog, our family law and dispute resolution team answer some frequently asked questions about TOLATA claims arising from cohabitation disputes to help explain how the law applies in such situations.

What are TOLATA Claims?

TOLATA (the Trusts of Land and Appointment of Trustees Act 1996) is the legislation that governs how property ownership disputes are resolved, particularly those involving trusts or jointly owned land. If a dispute arises over property ownership, the parties involved must each demonstrate their entitlement to a share of the property. The court will then use TOLATA to determine two key matters, namely:

• who has the right to occupy the property and
• the extent of each party’s ownership interest.

In most cases, the courts do not have a discretion to vary existing co-ownership arrangements or adjust ownership shares once established. Instead, claims are assessed either as a dispute over the facts of the case (a Part 7 claim) or a dispute over the legal principles involved (a Part 8 claim).

When Might TOLATA Claims Arise for Unmarried Couples?

Whilst TOLATA can apply in a range of circumstances, these claims are more common between unmarried cohabiting couples following a separation. They often occur when the parties cannot agree on their respective shares in or rights to a property, whether the property is solely owned by one party or held as joint tenants or tenants in common. Typically, they occur when one party believes they are entitled to a larger proportion of the property’s value, or where the terms of the joint ownership are unclear or disputed. For example, there may be no declaration of trust, setting out ownership shares, or no cohabitation agreement addressing financial responsibilities and contributions. Without these documents in place, disputes are more likely to occur.

What Factors Do Courts Consider?

Contrary to popular belief, under current family law legislation, there is no such thing as “common law marriage” in England and Wales. So, regardless of how long you have lived with your partner, if you are not married or in a civil partnership, you will not have the same automatic legal rights to property if you separate. Nevertheless, your property rights can be established in several other ways, and TOLATA provides the legal framework for courts to assess those rights. Broadly speaking, a cohabitant may have an interest in a property either as a joint owner or, where the property is solely owned by one party, through the existence of a trust.

Before reaching a decision in a TOLATA claim, the court will consider various factors. For example, it will consider the intention of the parties, whether there exists any written agreement or declaration of trust, the financial contributions made by each party and, importantly, the welfare of any children or vulnerable beneficiaries. As with all disputes, the court’s overarching aim is to achieve a fair and proportionate outcome which balances the competing interests of everyone involved.

How Do You Initiate a TOLATA Claim?

To begin a TOLATA claim, you will need to submit a formal application to the court, setting out details of the dispute and providing all relevant supporting evidence. However, before taking your matter to court, it is worth exploring whether the matter can be resolved through Alternative Dispute Resolution (ADR).

ADR, such as mediation or negotiation, is typically faster, more cost-effective, and less combative than litigation. It is particularly beneficial to avoid stressful court proceedings where children are involved, as it helps to cultivate a more amicable, workable relationship between ex-partners who need to co-parent.

How Can You Avoid TOLATA Claims?

Before moving in with or buying a property with your partner, especially if you are not getting married or entering into a civil partnership, it is sensible to ensure that from the outset you both have clear, documented intentions regarding the property’s ownership and your financial arrangements.

If you are buying a property together, it is also vital to understand whether you will own your property as joint tenants (where if one of you dies, the property will pass automatically to the surviving owner), or as tenants in common (where you each own a defined share in the property and your share will pass according to your Will or the intestacy rules if you die without leaving a Will).

One of the most common ways of legally setting out how a property is owned is through a declaration of trust. This document can set out:

• the ownership share of each partner
• the financial contributions made towards the purchase of the property
• how ongoing financial responsibility is to be handled
• what happens if one partner wishes to sell the property
• what each partner is entitled to if the property is sold.

A declaration of trust is particularly important where the parties’ financial contributions are unequal or where friends or family have provided financial support towards the purchase of a property.

If you are living together but are not married or in a civil partnership, you should also consider setting up a cohabitation agreement which is separate from a declaration of trust. Where a declaration of trust focuses on your property ownership, a cohabitation agreement will focus on your broader financial arrangements whilst living together and what will happen if your relationship ends. For example, this can include arrangements regarding:

• your joint finances
• the payment of household bills
• responsibility for reducing or paying off debts
• what will happen to jointly owned assets, savings, and investments if you split up
• what will happen if one of you stops work to care for children
• what will happen to any pets.

Whilst these documents do not replicate the legal protections of a marriage or civil partnership, when properly drafted, they can provide some clarity, a level of legal protection and significantly reduce the risk of a future dispute.

At the very least, keep clear records of all financial contributions you have personally made towards the property during your relationship, including providing or contributing towards the deposit, mortgage repayments, property repairs or renovations. You may need to rely on this paperwork should a property ownership dispute arise in the future.

TOLATA and Property Dispute Specialists in Blackheath

Unmarried couples going through a separation can face many unique pressures and if property is involved, it can be especially challenging.

If you are facing a property dispute or have questions about your rights under TOLATA, it is strongly recommended that you seek specialist legal advice at the earliest opportunity.

At Beverley Morris & Co., our experienced family law and dispute resolution solicitors based in Blackheath, London can provide specialist advice on cohabitation matters and property disputes, protecting your legal rights and interests, and advise on making and defending TOLATA claims.

We can assess your individual circumstances and guide you through the most appropriate and cost-effective course of action.

Our legal team will work with you to resolve matters in the most amicable and constructive way possible, finding solutions centred on the best interests of all parties involved.

For more information, or to speak to one of the team, call 020 8852 4433 or email: enquiries@beverleymorris.co.uk.

Alternatively, click here to arrange a callback.

Related articles and resources

• Who Needs a Cohabitation Agreement?
• What Happens to Pets During a Divorce
• What is Family Mediation? Guide for Separating Couples
• What Are My Legal Rights if My Partner Dies Without a Will?

Updates to Ground Rent Rules

On 27 January 2026, Prime Minister Keir Starmer confirmed via a video on TikTok that ground rents will be capped at £250 a year for leaseholders in England and Wales, changing to a peppercorn rent after 40 years.

The Prime Minister said:

“Good news for homeowners, we’re capping ground rents at £250. That means if you are a leaseholder, and your ground rent is more than £250, you’ll be paying less.”

“And I’ve spoken to so many people who say this will make a difference to them of hundreds of pounds.”

“That’s really important because the cost of living is the single most important thing across the country.”

“So this is a promise that we said we’d deliver and I’m really pleased that we’re delivering on that promise.”

The full video can be found on the Prime Minister’s TikTok account: @keirstarmer

This is part of the UK government’s wider plan to reform home ownership.

The Leasehold Reform (Ground Rent) Act 2022 already ended ground rent for most new long residential leases going forward. However, this proposal focuses on tackling unfair and unaffordable ground rents in older leases, and the cap will now apply to most residential leases granted before the Act came into force.

In response to the announcement, Steve Reed, Secretary of State for Housing, said:

“If you own a flat, you can be forced to pay ground rent that can become completely unaffordable. We said we’d be on the side of leaseholders – which is why today we are capping ground rent – helping millions of leaseholders by saving them money and giving them control over their home.”

“The leasehold system has tainted the dream of home ownership for so many. We are taking action where others have failed – strengthening home ownership and calling time on leasehold for good.”

In addition to the cap on these charges, it was suggested that new leasehold flats will also be banned, under proposals to be put out to consultation. Under these reforms, developers will no longer be allowed to sell new flats as leasehold (except in limited cases). These changes mean that new flats will be sold as commonhold, meaning that you will own the ground your flat is built on and the overall building jointly with your neighbours.

Other changes to leasehold legislation, with some already in force, include:

• Existing leaseholders will have the right to switch to commonhold
• Forfeiture (where some people can lose their home for owing as little as £350 in fees) is being scrapped. A new fairer system will be introduced, replacing the current process, with strict safeguards to be followed for more extreme cases.
• Service charges and building maintenance costs will be more transparent.

The reforms have been published in a draft Leasehold and Commonhold Reform Bill. The draft Bill will now move to pre-legislative scrutiny, expected to be carried out by the Housing, Communities and Local Government (HCLG) Select Committee. Subject to parliamentary timings, the ground rent cap could come into force in late 2028.

For more information on these changes, read the announcements here:

• Ministry of Housing, Communities and Local Government: Own a flat or looking to buy? Here’s what the new leasehold shake-up means for you.
• UK Press Release: PM: “We’re capping ground rents at £250”

The proposed changes have drawn criticism from some, including the Residential Freehold Association (RFA), the trade body representing professional freeholders, who say the ground rent cap is “wholly unjustified”, warning that caps to ground rent could have an impact on UK investors.

In comments published by the Guardian, a spokesperson for the RFA said:

“The inclusion of a ground rent cap in the draft bill represents a wholly unjustified interference with existing property rights which, if enacted, would seriously damage investor confidence in the UK housing market and send a dangerous and unprecedented signal to the wider institutional investment sector”.

“Property rights and contract law are fundamental drivers of domestic and global investor confidence in the UK.”

Source: The Guardian: Leaseholders in England and Wales to have ground rent capped at £250 a year

Leasehold Solicitors in Blackheath 

At Beverley Morris & Co. Solicitors, we offer a full range of legal services related to leasehold property.

Our experienced leasehold solicitors advise leaseholders on lease extensions, enfranchisement, right to manage and other legal issues affecting property ownership.  If you are a leaseholder and need some legal advice on the Leasehold and Freehold Reform Act 2024 or any other matter affecting you, get in touch with us today.

We will advise the best course of action for your situation and help and support you at every stage.

To speak to our Lease Extension solicitors today, call us on 020 8852 4433 or enquiries@beverleymorris.co.uk.

Family Mediation Week 2026

Family Mediation Week 2026, which is taking place from 26–30 January 2026, provides an important opportunity to highlight how mediation supports couples and families going through separation or divorce. The annual campaign, organised by the Family Mediation Council (FMC), aims to raise awareness of family mediation’s role in helping couples stay in control of their separation and make informed decisions together. Mediation can also help to create a more positive foundation for a family’s future.

In follow-up to our previous article, What is Family Mediation? – A Guide for Separating Couples, and to mark Family Mediation Week 2026, our experienced family law team in Blackheath shares some further guidance on getting the most from the mediation process.

1. Believe in the process.

Opting for mediation rather than litigation offers several advantages. Fighting an ex-partner in court is stressful for everyone concerned and can be time-consuming, traumatic and expensive.

The collaborative approach taken in mediation encourages parties to work together. However, it only works if everyone involved commits to the process.

It takes most couples two to four mediation sessions to agree on arrangements for their children and an average of five sessions to reach an agreement about their finances. Even if the first session is difficult, keep an open mind and stick with it.

2. Be respectful.

Having conversations with an ex-partner is often difficult, especially if the relationship ended badly. However, even if you are no longer on friendly terms, being dismissive or defensive is not conducive to open discussion that can result in agreement.

Language matters. Be open and considerate in how you communicate and try to leave any residual issues you might have at the door.

3. Be cooperative.

The family mediation process allows couples to decide on how best to do things, based on what works for them. This is a key benefit of mediation in family law disputes, allowing separating couples to retain control over the decision-making process rather than surrendering it to the courts.

Although this is a positive aspect of the procedure, family mediation is only effective if couples are willing to cooperate and to compromise. Listen to the points made by your ex-partner, try to understand things from their perspective, and be prepared to be flexible in your response.

4. Choose the right mediator.

Mediators come from diverse backgrounds and experiences, and each will have a different style and area of expertise. When choosing a mediator, it helps to consider their background, experience and specialisms, to ensure you get the right fit.

Many mediators meet clients online, but if you prefer face-to-face sessions, you should also bear in mind practical considerations like where they are based.

Click here to search the FMC’s Register to find a family mediator who practises near you.

5. Focus on the future.

Moving on after a relationship breakdown can be difficult. However, it is important not to dwell on the past and instead focus on moving forward.

Try to go into each mediation session focusing on what you want to get out of it. Arrangements for your family that are agreed through mediation will provide a firm foundation for your future.

Family Law Solicitors Blackheath 

Mediation can help separating couples resolve many issues arising out of their break-up and is one of the most effective ways to reach an agreement.

At Beverley Morris & Co., we can advise on all family law matters, including divorce, children, and financial disputes, helping couples decide on the best way to proceed.

We understand the sensitivity of family law matters and offer a personal and practical approach. Our experienced family law solicitors will ensure that you receive caring, confidential advice, tailored to your unique legal matter.

Our Head of Family Law is Saba Ansari, a highly experienced Family Law Solicitor who has received many five-star reviews from her clients. She specialises in all aspects of matrimonial matters, including divorce, financial remedies, private law children cases, domestic abuse, unmarried couples, and all types of family law agreements. She is extremely knowledgeable and robust, but at the same time she is caring and sympathetic, fully understanding the challenges that face her clients upon a relationship breakdown. Saba offers clear advice and total transparency as regards the costs involved in the legal process.

For more information, or to speak to one of the team, call 020 8852 4433 or email enquiries@beverleymorris.co.uk.

Alternatively, click here to arrange a call back.

Read some of our previous blogs for related information:

Frequently Asked Questions About Parental Responsibility

How a Solicitor Helps with Divorce

If your business is owed money, or you have been warned about possible legal action for unpaid debts, you may come across the term winding-up petition. For many directors and business owners, this can be an unsettling phrase, especially if you have never dealt with one before.

However, the reality is that disputes over payment are an unfortunate but fairly common part of running a business, even for successful and well-managed companies. Understanding what a winding-up petition is, and what it actually means in practice, can make a significant difference to how you respond.

In this blog, our Commercial Litigation and Dispute Resolution team explains what a winding-up petition is, when it might be used, and the practical impact it could have on your business.

What is a winding-up petition?

A winding-up petition is a formal application to the court asking for a company to be placed into compulsory liquidation. Most often, it is issued by a creditor who is owed money and believes the company cannot pay its debts.

If the court makes a winding-up order, the company will be forced to close. Its assets are gathered in and sold, with the proceeds distributed to creditors where possible. In most cases, this marks the end of the business.

When can a winding-up petition be issued?

A creditor may apply for a winding-up petition where there is evidence that a company is insolvent, meaning it cannot pay its debts or bills when they become due (cash flow test), or if the company’s total liabilities are greater than the value of its assets (balance sheet test). This typically arises where:

• the company owes a creditor £750 or more
• a statutory demand has been served and not paid within 21 days
• a court judgment remains unpaid
• there is clear evidence of ongoing financial difficulty.

Although it is usually seen as a last resort, a winding-up petition is a powerful tool for creditors and can put immediate and significant pressure on a company to act.

What happens once a winding-up petition is issued?

Once a winding-up petition has been issued, it is normally advertised publicly. This step alone can have serious consequences. Banks may freeze company accounts and suppliers, customers or other stakeholders may quickly become aware of the business’s financial position.

If the court ultimately grants the winding-up order, an official liquidator will be appointed. The liquidator will take control of the company’s affairs, investigate its finances and manage the sale and distribution of its assets.

What should you do if your business receives a winding-up petition?

Whilst receiving a winding-up petition can be extremely worrying, ignoring it is the worst thing you can do. Acting quickly and seeking professional advice early on often opens up more options that can significantly affect the outcome.

Depending on the situation, it may be possible to:

• pay the debt in full
• negotiate a settlement or payment arrangement with the creditor
• apply to have the petition dismissed if the debt is genuinely disputed
• consider alternative insolvency or restructuring options.

Strict deadlines apply so taking legal advice as early as possible is usually essential.

Can a winding-up petition be challenged?

Yes, in certain circumstances, a winding-up petition can be challenged. This may be appropriate where:

• the debt is genuinely disputed
• the amount claimed is incorrect
• the correct legal process has not been followed.

Courts are generally reluctant to allow winding-up proceedings to continue where there is a genuine dispute. Any challenge must be made promptly and handled correctly to be effective. You can also read our previous article regarding resolving disputes via Alternative Dispute Resolution methods as an alternative to going to court.

How Our Commercial Litigation and Dispute Resolution Team Can Help

Whether you are trying to recover a debt or dealing with a petition issued against your company, winding-up proceedings can have fast-moving and far-reaching consequences.

Our Commercial Litigation and Dispute Resolution team regularly advises businesses on debt recovery, insolvency related disputes and defending winding-up petitions. We focus on helping you understand your position clearly, weigh up your options and take practical steps to protect your business.

If you are concerned about a winding-up petition or would like advice tailored to your circumstances, speaking to a solicitor can help you move forward with confidence and clarity.

Dispute Resolution Solicitors Blackheath 

At Beverley Morris & Co. Solicitors, our experienced litigators and dispute resolution specialists in Blackheath recommend the most appropriate form of resolution for your circumstances, preferences and objectives.

This may involve the court system but more often it will involve round table negotiation, mediation or arbitration.

We handle both simple and complex disputes, from family law issues to landlord and tenant disputes, freezing injunctions and shareholder disputes.

For more information or to speak to one of our specialist dispute resolution solicitors in London, call 020 8852 4433 or email enquiries@beverleymorris.co.uk.

Couples going through a divorce or separation often find the thought of resolving practical matters such as finances, property and childcare arrangements particularly scary and off-putting. That is why family mediation can provide a constructive way forward to avoid the stress and expense of going to court. In this blog, our family law team answer a few frequently asked questions about the process of mediation and how it can help couples reach agreement in a way that works for everyone involved.

What is Family Mediation?

Family mediation is a form of alternative dispute resolution (ADR) in which separating couples meet with an independent, neutral third party (known as a mediator) to discuss their disagreements and work towards a mutually acceptable solution.

Mediation is a more collaborative approach than court which is adversarial. A mediator will not make decisions for you or take sides, but instead they will create a safe space for you and your other half to have an open discussion. They will keep the conversation focused and balanced and they will help guide you both towards a practical agreement that will benefit not only you but the entire family, especially where children are involved.

What Can Mediation Be Used For?

Mediation in family law disputes can be used to resolve issues such as:

• arrangements for the children, including where they will live and how much time they will spend with each parent
• the division of property and assets
• financial arrangements including financial support for one party by the other
• any other matters arising from the separation.

Why Is Mediation Chosen Over Going to Court?

There are several reasons why couples should consider attempting mediation or another form of ADR before thinking about going to court. The advantages of family mediation include:-

• It is more affordable: Mediation is typically more cost-effective since legal costs can quickly escalate when a dispute goes to court.
• It is less stressful: Going to court can be distressing for everyone involved as well as emotionally draining. Mediation sessions are conducted in a calm, private setting where both parties can speak openly.
• You remain in control: If you go to court, the judge will make decisions for you based on legal guidelines whereas a mediation process will allow you and your partner to retain more control over the outcome, creating an agreement that properly takes account of your family’s specific needs and circumstances.
• It can produce a better result for a co-parenting situation: For separating parents, you will likely need to maintain some form of relationship with your ex-partner for many years to come. Mediation fosters respectful communication and cooperation, laying the groundwork for a better co-parenting relationship in the future.

In most cases, people who use mediation sessions to resolve their disagreements are more likely to reach an agreement sooner, with less conflict and at a lower cost than those who instruct their solicitor to go to court.

How Do You Start the Process of Family Mediation?

As mentioned above, the family mediation process typically starts with an initial meeting known as a Mediation Information and Assessment Meeting (MIAM). During this session, the mediator will explain how mediation works, assess whether it is suitable for your situation and answer any questions you may have.

NB It is important to remember that in situations where it is safe to take place (ie. in cases where domestic abuse is not alleged nor has it been a feature of the relationship), a Mediation Information and Assessment Meeting (MIAM) is usually required before the parties can go to a family court.

If you both decide to proceed with mediation, you will attend a series of mediation sessions together. The number of sessions varies according to the complexity of your situation and how easily you can reach agreement.

Where there are children involved, most mediators will offer a service whereby the child or children can be included in the mediation. Many mediators will also offer the option to attend sessions online. Mediation is free for people who qualify for legal aid. You can check your eligibility by visiting gov.uk – check legal aid.

If you and your ex-partner come to an agreement, the mediator will prepare a document outlining what you have decided. This isn’t legally binding on its own but you can ask your solicitor about turning it into a legally enforceable court order, if needed.

Attending mediation and even coming to an agreement during mediation sessions does not preclude you from going to court later on if that should become necessary.

Read our previous article: Tips for Effective Mediation.

Do I Need a Solicitor During Mediation?

You will not need a solicitor to attend mediation sessions. However, you may find it helpful to obtain independent legal advice alongside the mediation process.

A family law solicitor can:

• explain your legal rights and entitlements before you begin mediation
• review any proposed agreement to ensure it is fair and protects your interests
• help turn a mediated agreement into a legally binding court order
• provide valuable support and guidance throughout the process.

Having a solicitor to lean on throughout the process means that you can approach mediation feeling confident and informed about the process whilst still maintaining the collaborative spirit that makes mediation effective.

Family Law Solicitors in Blackheath

At Beverley Morris & Co., we understand that separation is one of life’s most stressful experiences. Whether you’re considering mediation or you need advice on other options for resolving a dispute, our experienced family law team is here to guide you through the process.

We can advise you as to whether mediation is suitable for your circumstances, provide you with independent legal advice throughout the mediation process and help you reach a fair arrangement that values your wellbeing and respects your needs.

Our Head of Family Law is Saba Ansari, a highly experienced Family Law Solicitor who has received many five star reviews from her clients. She specialises in all aspects of matrimonial matters including divorce, financial remedies, private law children cases, domestic abuse, unmarried couples and all types of family law agreements. She is extremely knowledgeable and robust but at the same time she is caring and sympathetic, fully understanding the challenges that face her clients upon a relationship breakdown. Saba offers clear advice and total transparency as regards the costs involved in the legal process.

For more information, or to speak to one of the team, call 020 8852 4433 or email enquiries@beverleymorris.co.uk.

Alternatively, click here to arrange a call back.

Read some of our previous blogs for related information:

Frequently Asked Questions About Parental Responsibility

How a Solicitor Helps with Divorce

Losing a partner is one of the most difficult experiences anyone can face, and trying to deal with a complex legal process can often add to the pressure. In the case where your partner did not have a Will, known as ‘dying intestate’, it is crucial to understand your legal rights and where to get professional legal support if needed.

There is a common misconception that if a person dies, their partner will automatically inherit everything. However, this is not the case under current UK law.

The intestacy rules in England and Wales set out a specific order of inheritance, and depending on your relationship status and family circumstances, you may not automatically be entitled to inherit what you assumed you would or what you might actually need.

What Does Dying Intestate Mean?

Dying intestate means that someone has died without a valid Will, and their estate will be distributed according to the intestacy rules. The intestacy rules (which are strict rules laid down by the Government), determine who inherits what, and in what order, and this may not match what the deceased person wanted or what their loved ones actually need. The intestacy rules apply to everything the deceased owned, including:

• their property and land
• their bank accounts
• all of their investments
• their personal possessions
• any business interests they might own.

The intestacy rules will apply to assets held in the deceased’s sole name. As regards jointly held assets, such as a property owned as “joint tenants” or a joint bank account, typically such assets will pass automatically to the surviving owner. However, if the property owners are “tenants in common”, this will be more complex since each owner’s share is separate. The deceased’s share in an asset can be passed on to a beneficiary through their Will. However, if there is no Will, the deceased’s estate will be distributed according to the rules of intestacy.

What Are You Entitled to Inherit?

Your legal right to inherit from the estate under an intestacy depend entirely on your relationship with the person who has died and whether they had any children.

Couples Who Were Married or in a Civil Partnership

Married spouses and civil partners have the strongest legal protection under the intestacy rules.

• Estates worth up to £322,000*

If the estate is worth up to £322,000 and your partner dies without a Will, if you are the husband, wife or civil partner, you are entitled to the entire estate.

• Estates worth over £322,000*

The estate will be divided between the surviving spouse or civil partner and the deceased’s children. The husband, wife or civil partner gets:

• Up to £322,000 in assets, and half of the rest of the estate
• All of the personal possessions of the deceased

The children of the deceased are entitled to a share of the half of the estate above £322,000.

If any of the children died before the deceased, their children (grandchildren of the deceased) will inherit in their place.

If any of these grandchildren died before the deceased, their children (great-grandchildren of the deceased) will inherit in their place.

If any of these people died after the deceased, their share will become part of their own estate.

The above rules apply to biological children and adopted children. Stepchildren (and their issue) would not be entitled to inherit under the intestacy rules unless a stepchild had been formally adopted by the deceased.

*The above calculations are based on the intestacy rules for England and Wales, post July 2023, and may differ if the deceased died before this time or was domiciled elsewhere. Further guidance on who can apply for probate or inherit if someone dies without a Will can be accessed here: https://www.gov.uk/inherits-someone-dies-without-will

Rights for Unmarried Couples Who Were Living Together

Unmarried couples are not afforded the same legal rights as married or civil partnership couples. Sometimes referred to as ‘common-law partners’, cohabiting couples have no legal rights under the intestacy rules, regardless of how long they have lived together or whether they had any children together. If you are unmarried but have children, the entire estate will be divided equally between the children once they reach 18. You can apply to manage the estate on behalf of the children, but it is not automatic that you will be granted this right. Your partner’s parents might apply or one of your partner’s siblings.

If you were financially dependent on your partner or if you lived in a property owned solely by your partner, this could cause you huge financial hardship. You might be able to make a claim against your partner’s estate, but this could prove embarrassing, time consuming and costly.

If you are cohabiting with a partner and wish to ensure that you are provided for after their death, it is essential that you either marry or that your partner makes provision for you in a Will.

Who Can Make a Claim Against an Estate?

If you have not inherited anything from your partner’s estate due to the intestacy rules, or if you believe that the provision made for you is insufficient, you may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

The Act clearly defines who can make a claim. It includes:

• the spouse or civil partner of the deceased
• a former spouse or civil partner of the deceased who has not remarried or formed a new civil partnership
• someone else who was being financially maintained by the deceased
• any biological or adopted child of the deceased
• someone who was treated as a child of the family by the deceased
• a person who was living with the deceased as their husband or wife for a minimum of two years before the deceased died.

What are the Time Limits for an Inheritance Act Claim?

Typically, claims under the Inheritance Act must be brought within six months of the date of the grant of probate. To find out whether a grant has been issued, you can search GOV.UK here: Search probate records for documents and wills.

In some cases, there may be circumstances in which you can bring an Inheritance Act claim after the six months have expired, but you will need to seek permission from the court to do so. It is important to realise that this is a complex area of law, so if you are considering making a claim under the Inheritance Act, it is essential to seek advice from a regulated, experienced professional.

If you are uncertain about your legal rights in relation to an inheritance, or need advice regarding making an Inheritance Act claim, our experienced contentious probate team can support you throughout the process of contesting a Will, carefully and competently. Our professional team deals with a wide variety of issues including:

• challenging a Will
• cases of Inheritance Act claims by dependants who were not sufficiently provided for
• trusts disputes
• executor disputes
• beneficiary disputes
• proprietary estoppel and constructive trust claims.

Who Applies for Probate When Someone Dies Intestate?

Probate is the legal process that gives someone the authority to deal with a deceased’s assets, pay off any debts and distribute what remains to the rightful beneficiaries. Where there is a Will, it is known as applying for a grant of probate. You might not need a grant of probate if the estate is very small or if the assets can be passed to the beneficiaries without one, eg. where there is jointly owned property or money which will pass automatically to the surviving owner.

If someone dies without a Will, someone will need to apply for a grant of ‘letters of administration’. Under the intestacy rules, there is a strict order of priority as to who may apply to manage the estate of someone who has died without a Will, namely:

• their spouse or civil partner
• their child
• their parent
• a sibling
• other relatives in a specific order.

If you are a surviving spouse or civil partner, you have the first right to apply for a grant of letters of administration. However, if you were not married, you may need to seek legal advice, particularly if there is a dispute over who should administer the estate.

Why Professional Legal Help Matters

Administering an intestate estate can be more complicated and time consuming than obtaining probate where someone has left a Will. Navigating the intestacy rules and the process of obtaining a grant of letters of administration can be overwhelming, particularly at an already emotional and stressful time. There are strict legal requirements, tight deadlines and significant responsibilities in administering any estate. These responsibilities must be taken seriously as executors or administrators can be held personally liable for any errors made during the estate administration process.

Enlisting the help of an experienced solicitor specialising in probate can help by:-

• explaining your legal rights and entitlements under the intestacy rules
• advising you on whether you have grounds to make a claim against the estate
• handling the entire probate process on your behalf, including valuing the estate, applying for the grant, and distributing the assets
• resolving disputes between family members or other beneficiaries
• ensuring that all legal and tax obligations are met.

Read our previous article for related information: ‘What is Involved in Probate?’

Probate Solicitors Blackheath

At Beverley Morris & Co., we understand that losing a loved one is a very difficult time. In addition to managing your grief, there is the practical administration of a loved one’s affairs which to many can seem like a daunting prospect, especially if no Will has been left.

Our Probate Solicitors in Blackheath have been helping families and individuals across London and the South East navigate the complexities of intestacy and probate for many years.

Whether you need advice on your legal rights, assistance with applying for a grant of letters of administration or support in making a claim against an estate, our specialist solicitors are here to guide you through every step of the process.

Our local, sensitive and approachable team is on hand to help make the process as stress-free as possible, ensuring your rights are protected and the estate is administered correctly.

For more information on probate and the wider estate administration process, please call 020 8852 4433 or email privateclient@beverleymorris.co.uk.