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Cohabitation Solicitors in Carlisle, Cumbria & Northumberland

The separation of unmarried couples can be complicated, but we keep things as simple and sensitive as possible.

Sometimes more complex than divorce proceedings, cohabitation cases benefit from efficient handling and efforts to keep them amicable, with most cases settled before they reach court. Regarding the sale of a jointly-owned property, the first stage is to establish how it’s owned and each party’s respective ‘beneficial interest’. Then we engage in negotiation, which may include an additional claim if children are involved, before the final stage sees a binding agreement agreed and implemented.

Working with Cartmell Shepherd

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Our Cohabitation Case Assistance

Advice on potential interests generated by, for example, paying towards the purchase or development of a property
Drafting cohabitation agreements
Advice on outlining shares in a property within trust deeds
Advice on claims under the Trusts of Land and Appointment of Trustees Act 1996

FAQs

Why should I make a will?

It is important that you make a will to ensure that your estate (money, property and possessions) is distributed in the way you wish it to be, when you die. If you die without a will, there are rules which dictate how your estate will be distributed. For example, unmarried partners cannot inherit from one another without a will. This could leave your partner with major financial difficulties.

Do I have to use a solicitor make a will?

You can write your will yourself, however it is generally advisable to use a solicitor to ensure your will has the effect you intend it to. It is easy to make mistakes during the process of drawing up your will and if there are error, this can cause issues after your death. Of the question is a draft will valid in the UK – for a will to be valid, it must meet the following requirements under the Wills Act 1837:

• It must be in writing.
• It must be signed by the testator (the person making the will) or by someone else in their presence and at their direction.
• The testator must intend for the signature to give effect to the will.
• The will must be signed in the presence of two witnesses, who must also sign the will in the presence of the testator.

What does the executor do?

The executor is the person named in a will as responsible for taking care of the deceased’s estate.

What is probate and do I always need it?

Probate is the legal process of dealing with someone’s estate when the die. Being granted probate means you can lawfully manage their estate. You will need to apply for probate if you are a named executor on the deceased’s will. The executor or administrator is not required to apply for probate but if they do not, they will not be able to transfer the title of any assets that exist in the deceased’s name.

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