LawTorn: Conversations from the Frontline of Family Fights
LawTorn: Conversations from the Front Line of Family Fights
Hosted by Samara Dutton, Partner in our Private Wealth Disputes Team, and Philippa Dolan, Partner in our Family Team. LawTorn is a podcast exploring family law, divorce, wills disputes, and inheritance challenges.
When family disputes turn into legal battles, emotions run high and the court system can feel daunting. In this new podcast series, Samara and Philippa draw on their experience in family and inheritance law to unpack the legal processes while honouring the very human stories behind this kind of litigation. They discuss the emotional and practical difficulties their clients face, the similarities and differences between family and civil court’s approach to these, and how lawyers can help clients find resolution and regain a sense of calm amid conflict.
Our hosts will explore topics including common-law marriage, will challenges, prenups and postnups, as well as the moral questions that arise when families fracture. With insights from guest experts and colleagues, LawTorn aims to demystify complex legal concepts and procedures while making family law and dispute resolution more accessible.
If you have a question you’d like Samara and Philippa to discuss, please send it to lawtorn@collyerbristow.com. New episodes will be released on the last Monday of each month.
Disclaimer: This content is provided for general information only and does not constitute legal or other professional advice. Appropriate legal or other professional opinion should be taken before taking or omitting to take any action in respect of any specific problem. Collyer Bristow LLP accepts no liability for any loss or damage which may arise from reliance on information contained in this material.
LawTorn: Conversations from the Frontline of Family Fights
Can an Unmarried Partner Claim a Share of a Property?
Use Left/Right to seek, Home/End to jump to start or end. Hold shift to jump forward or backward.
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.
Podcasts we love
Check out these other fine podcasts recommended by us, not an algorithm.
