In this episode of LawTorn, Samara Dutton, Partner in the Private Wealth Disputes team at Collyer Bristow, and Philippa Dolan, Partner in the Family team, explore the legal rights of unmarried couples when a relationship ends unexpectedly through the death of one partner.

Responding to a listener’s question, they consider the difficult situation of a woman whose partner dies without a will after they had built a life together in a property owned solely in his name. Despite contributing to the mortgage, household expenses, home improvements, and her partner’s business, she finds herself with no automatic legal rights under the rules of intestacy.

The discussion explains how claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) can help establish a beneficial interest in property, even where legal ownership rests with one person. Samara and Philippa examine the evidence courts look for, including common intention, financial contributions, detrimental reliance, and the challenges of proving a claim where there is no written agreement.

The episode also explores claims under the Inheritance (Provision for Family and Dependants) Act 1975, explaining when an unmarried partner may be entitled to reasonable financial provision from a deceased partner’s estate. The conversation highlights the differences between property claims and inheritance claims, and why strategic legal advice is essential when deciding which route to pursue.

As ever, the discussion reflects on the emotional realities behind these disputes, including the widespread misconception of the “common law spouse”, the importance of making a will, and the practical steps unmarried couples can take to protect themselves. Samara and Philippa also touch on the Government’s ongoing consultation into cohabitation rights and what future legal reforms could mean for couples who choose not to marry.

This episode provides practical insight into TOLATA claims, cohabitation rights, inheritance disputes, beneficial ownership, and the legal options available when an unmarried partner dies without leaving a will.

Stay tuned. New episodes of LawTorn are released on the last Monday of each month.

For questions or feedback, please contact us at lawtorn@collyerbristow.com.