The myth of “common law marriage”

The importance of protecting yourself legally has been emphasized again in a recent case. Joy Williams had co habited with Norman Martin in a property they owned together as ‘tenants in common’ for 18 years before he died. When he died Ms Williams expected to receive his half of the property. However, Mr Martin died suddenly without having updated a very old Will and instead Mr. Martin’s half of the property was bequeathed to his estranged Wife.

“The idea of a common-law husband or wife is an urban myth.”

 This case outlines the fundamental importance of ensuring that you leave an up to date Will that reflects your current circumstances and guarantees that your wishes concerning the devolution of your estate are carried out.

In addition when co-habiting with a partner, no matter for how long, you do not accrue any legal rights in relation to the distribution of their assets after they die. Until such time as the legal position of co-habitees reflects modern society it is vital to make a Will to ensure that your assets are left to whom you want them to be when you die.

If you would like to make a Will, please contact us and one of our specialist lawyers will be happy to talk through the process with you.