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Is this the most dangerous legal myth?

There are lots of legal myths around which crop up from time to time, here are some which I’ve come across :

  • All your debts are written off when you die. Sadly they aren’t. Your assets have to be used to pay off any debts before anyone can inherit your estate. If there aren’t enough assets then your debts aren’t inherited, but they are not automatically written off
  • It’s illegal to place a stamp with an image of the monarch upside down on a letter . Well…it isn’t actually illegal itself, although could be if it were done with the intention of deposing the monarch
  • Leaving the interior light on while you’re driving a car is illegal. It isn’t specifically against the Highway Code, but it can cause problems for drivers behind you and if a Policeman asks you to turn it off, you absolutely should!
  • Couples who have lived together for a long time but aren’t married are considered to be common law spouses and have rights in each other’s estates on death….

The last one is a myth I hear again and again from clients, but it simply is not true. A couple who live together but are not married, have no rights in each other’s estates on death if they do not have Wills to protect their assets and their partners.

It is possible for a cohabitee to make a claim for provision in their partner’s estate, but this is not a right. A legal action has to be started (and is often argued), resulting in delay until everything is settled, much stress for the person making the claim because there will be no guarantee that they will be successful or what the outcome will be, and the financial burden of legal proceedings which could run into tens of thousands of pounds.

Let’s imagine a couple (Anna and Bob) who have lived together for 20 years but did not marry. Their home is owned by Anna (she inherited it from her mother) and Anna has a son, Charlie, from an earlier marriage. Anna does not make a Will, believing that Bob (as her common law spouse) will inherit the house from her estate.

Unfortunately this is not the case. On Anna’s death, if there is no Will, how her estate is divided is set out by a set of legal rules called the Intestacy Rules. These benefit only spouses and blood relatives, so in Anna’s case the house is inherited by Charlie.  Charlie and Bob may have a difficult relationship in which case Charlie will want to keep the house himself and he tells Bob to move out.  As a cohabitee of 20 years, Bob may have a claim to keep living there under the Inheritance (Provision for Family and Dependents) Act 1975, but he will have to start legal proceedings against Charlie, if Charlie will not come to an agreement with him.

Anna could have made a reasonably simple Will which would have prevented this – she could have decided to leave the house outright to Bob. Or she could have allowed him to live there rent free for the rest of his life, with the property passing on to Charlie after Bob’s death.  In both cases, Bob does not have to take any legal action to keep living in the house which is his home.

We have also seen situations where Charlie is Anna and Bob’s child (so no bad feeling between them), but is under 18 and cannot legally agree to any changes in how the estate is distributed. If Bob takes legal action to be included in the estate, he is taking action against his own child. Charlie must have separate legal representation because he and Bob have different interests.  You can see how easily the legal costs of dealing with this can escalate, even if there is no actual conflict between the parties. These legal costs will easily outweigh the cost of making a Will.

This can all get very messy very quickly, and in another variation on the theme, if Anna’s closest relatives are not children, but her parents, or even uncles and aunts or more distant relatives, the complications can be compounded.

This is a situation which could arise for couples of any age and the myth of the ‘common law spouse’ really needs to be laid to rest.

So there is some simple advice for anyone in this position – make sure you have a Will drawn up or review any old Will you might have.    Make sure that you have taken legal advice about what would happen on your death and that you understand how your estate would be dealt with. Then take steps to make provision to protect and look after those you love.

For more information please contact Kathryn Caple on 01283 526200 or email Kathryn.caple@elselaw.co.uk.

“It gives me great pleasure in sending you this email.

In 2013 I had my first experience of ELSE solicitors was when I was having awful issues with my own solicitor regarding my fathers estate.

My first meeting was with Peter Fox `{`Else Solicitors merged with PG Fox & Co in 2009, Peter Fox was in business for over 40 years`}`, who was very understanding and helpful which at the time I wasn’t used to this from a solicitor. Due to Peter dealing with commercial property I was passed to the Wills and Probate team.

I was introduced to Kathryn who specialises in Wills and Probate. I will always remember on one of my visits to ELSE the frustration and anger came out of me as to how my previous solicitor treated me, Kathryn didn’t say anything until I had said my piece. Once I had calmed down Kathryn then calmly said to me, “I know you feel very bitter inside but let me try and put back the trust so you will have confidence in solicitors again”, from that day onward Kathryn has managed to do that for me.

Just recently I have amended my Will and was advised by Kathryn to have a POA in place which I have now done.

Throughout all my meetings with Kathryn I have found the following:

• Professional exceptional high standards with a very caring touch.
• Makes legal matters simple to understand.
• Wastes no time in responding to my emails.
• Takes time in understanding my issues and concerns.
• Has outstanding people skills.
• Goes the extra mile so I had peace of mind, especially when sorting out my Will.
• Has that natural ability to make people feel at ease when under pressure.

I have the greatest respect for Kathryn on how she goes about her work. If Kathryn ever did move on, I can categorially say that it would be a near impossible task to find a replacement of the same calibre as Kathryn.

I am someone who will criticise when something is not right but gives credit when a job has been done well. I can comment firsthand on the outstanding work Kathryn has done for me.”

Happy Wills & Probate Client

“From the initial consultation, through to selling my property, the Property team at Else Solicitors have been professional, proactive and most importantly have kept me updated at all times. Their attention to detail ensured that every aspect of the sale was meticulously handled, alleviating any concerns along the way. Else’s ability to explain complex legal concepts in a clear and concise manner was greatly appreciated and helped me feel confident in any decision making. I cannot thank the team enough for their hard work, professionalism, and dedication throughout this process. I would recommend Else Solicitors to anyone.”

Callum Campbell, MD Brilliant Hygiene Services Ltd

“Kathryn, it has been a pleasure working with you and we will certainly recommend you to friends and family. Many thanks for your wonderful support to myself, my husband and mother-in-law for all the work conducted on our LPA's for property and financial affairs and health and welfare.”

Happy Wills & Probate Client

“My husband and I engaged Else and Co. in the sale of our home after a couple of earlier and very positive experiences with the company. The sale process was non standard owing to the nature of the deal, the long history of the property and the requirements of the buyers. The team handled everything in a confident, capable, timely and transparent manner right through to a successful closure. We appreciate expertise when we see it, particularly when it is local. We wouldn’t hesitate to reach out to Else and Co. again.”

Chris & Alison Stephenson

“I was advised at a preliminary court hearing that I should engage with a solicitor for legal assistance on my court case. I researched Else solicitors and had an initial call to discuss my case, which I was impressed with. I engaged with their services and worked with Chris throughout the matter. He was impeccable with his communication and quick to respond. As a result of his hard word, Chris successfully resolved the matter through negotiation saving future legal fees and avoiding the need to attend the final court hearing. I would highly recommend Else’s services for future business legal requirements.”

Dispute Resolution Client

``I wish to express my sincere appreciation for the excellent service provided to me by Kathryn Caple and an Else Solicitors team. I could not have completed my father’s estate and his Will processing without their
kind help while I am leaving in USA.

Kathryn is one of the shining examples of professionalism, caring and knowledgeable person. She listened, advised and kept me informed throughout the process dealing with my father’s estate. I am very pleased with the quality, responsiveness and extensive legal expertise of Kathryn.

A massive thanks to Kathryn and Else Solicitors Team! I would highly recommend their service.

On my personal note, I really enjoyed working with Kathryn. I could not be more satisfied.”

Rakesh Mishra U.S.A.

``Thank you Kathryn for all that you have done to render an unpleasant process more palatable. I do appreciate the compassion you have shown throughout.”

Wills & Probate Client

``Thank you so much for all your help. You’ve really gone above and beyond and made this whole process much easier.”

Wills & Probate Client

``I would like to thank Kathryn for her support and guidance throughout this protracted procedure of settling the affairs of my relative. My family and I appreciated your endless patience”

Mr Terry Wills & Probate Client

``I used Else Solicitors recently to do my probate work, having had excellent service previously on some house sale matters. Kathryn Caple, their head of probate was exceptionally efficient and knowledgeable. I had total confidence in the expertise I was being provided and the work was completed in a very timely manner. Feedback was continuous and I was totally satisfied by the outcome``

Russell Jeans Probate Client

``We are very pleased with the service Else Solicitors provided for us. We had retentions that were overdue (circa £40K), the Main Contractor had missed the payment date on their Payment Certificate, when chased we were told that they couldn’t pay for another couple of months due to cashflow, we had been in similar situations before, having been given payment plans that weren’t met, and then companies go into liquidation.

I looked on the Internet and filled in Else Solicitors web enquiry form, A member of the team called me back and talked through the various options, which I took away to discuss internally with my business partner. We agreed the plan of action which Else's team executed swiftly and efficiently, dealing with all correspondence received from the Main Contractors Solicitors, our monies were received in our bank within 2 weeks.

Can’t recommend Else enough!``

Construction Client Construction - Retention Monies

``I would never hesitate in using their services again and in recommending them to other professionals.``

Angelica Duncan Director - Chameleon School of Construction

``Else have a great ability to handle complicated cases in a pragmatic manner, focusing on the commercial and practical impact for the client.``

Liz Strama CEO - HR Protected

``Smith Cooper work with a handpicked selection of law firms across the UK where our accountancy matters require expert legal advice. We refer specific corporate, litigation and insolvency cases to Else Solicitors because of their technical experience, flexible and professional approach and their efficient way of working. We have established close working relationships with the team at Else over a number of years.``

Dean Nelson Partner - Business Recovery & Insolvency - Smith Cooper

``I appreciate the attention I received and your professional service and whilst I don’t wish for a similar situation I would have no hesitation in using your services again.``

Debt Recovery Client

``Thank you Else Solicitors and in particular Laura Charles for another successful outcome this week in the recovery of our bad debt. We don’t get them often but it’s a huge relief and comfort to know we have your friendly but extremely professional firm always there ready to help with very little notice. It’s an absolute pleasure working with you and here’s to many more successful years. Thank you!``

Debt Recovery Client

``A massive thank you to Laura and the rest of the team at Else solicitors.
We had some issues retrieving monies owed from a previous contractor for the past 2 years, and the team really did go above and beyond.
From our point of view, it was money very well spent as within 2 weeks full payment was made by the contractor who previously had a very stern view of not paying.
Laura and her team battled many emails with the contractors solicitors, all of which was included in the price.
A massive thank you once again! Would highly recommend!``

Debt Recovery Client

``I would like to extend my thanks to Chris and the team at Else Solicitors for their support and guidance over my recent purchase of Ethical Property Partners England and Wales.
Chris and his team,have been professional and supportive throughout and where needed have been prompt in their responses, often at late notice.
I was really pleased with their approach to helping myself and my Business Partner Paulene navigate the pages and pages of contracts and break them down into plain English where needed!
I'm looking forward to them being able to help with the next step of sorting our Shareholder agreements!``

Amanda Jarvis-Doyle Ethical Property Partners (Property Consultant)

``We provide international shipping services to customers and following the non-payment of an invoice, we instructed Else Solicitors to seek recovery of this.

Proceedings were issued and the case proceeded to a final hearing. We cannot thank the team enough for the work put into this case as the final judgment was in our favour and we recovered the debt in full, plus a portion of our legal costs.

The Team explained each step of the process to ensure our understanding of the case and provided updates at every opportunity. We were very pleased with the final result and the support received on the run up to the hearing.

We would not hesitate to use their services again.``

Ian Hardie Sales Director at Smart Directions Limited.

``Laura and the team have become an excellent asset to our finance department over the last year. They have helped us recover debts in full from 2 particularly difficult payers that we had no hope of recovering ourselves! They make the process simple and easy to follow, and always have a quick, helpful reply when we need something clarified. I would recommend Else Law to anyone who needs additional help with pursuing uncooperative customers because so far they have a 100% success rate with us!``

Debt Recovery Client

``A huge thank you to Laura and Elselaw for assisting in recovering monies owed on a 12-month-old invoice. Even though our business is based in Australia, we were impressed how quickly they assisted with our enquiry and put us at ease given the international element to the litigation.

We would highly recommend any business based outside of the UK, who has a troublesome UK client, to consider using Else Solicitors (Laura!) to resolve their issue quickly and efficiently.”

John Morgan, Director of Forensic Instinct

“The Else Debt Recovery team have done an excellent job in keeping us organised and on track over the past 18 months and the Commercial Dispute Resolution teams input has been a great help in recent months, dealing with the more problematic situations, including collection of the largest debt by speaking directly with the MD and owner of the debtor company, taking the heat out of that situation”

Debt Recovery Client

“We want to thank Kathryn and the team for their dedication and professionalism in dealing with our matter. We are all extremely grateful for your efforts”

Wills and Probate Client

``Forté Lubricants a division of Illinois Tool Works Ltd is a manufacturer and supplier of petrol and diesel-operated engine additives and has 40 years of experience helping and advising UK garages improve vehicle engine performance with our range of products.
Most of our debt recovery is done in house, however, we sometimes require Else to recover debts on outstanding invoices by one off buyers to the value of £500, resulting in Else recovering the money in full in less than 30 days.

Having a well-known reputable company in Else at the end of a phone is reassuring. We have found that since we have been using Else to recover debts, we have saved time, money and most importantly their expertise means that the debt is almost always recovered.

Else offer an outstanding service which we have used for over 5 years. We would thoroughly recommend their service without hesitation.``

Lisa Griffin Debt Recovery Client
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