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What happens when my cohabiting partner passes away?

What happens when my cohabiting partner passes away?

There are now more than 3.5 million cohabiting couples in the UK. However, unpopular to common belief, unmarried couples do not benefit from any automatic rights to inheritance when their partner dies.

If you have ever wondered what a cohabitees rights are when their partner passes away, our Senior Associate, Siobain Moore, explains.

Do unmarried couples have rights after a death?

In short, no. Automatic rights do not exist for cohabiting couples in the UK. If you are unmarried and your partner dies you are not automatically entitled to any of their estate, not even if you have lived together for years, have children together and share financial responsibilities.

This applies across England and Wales and so the only way to ensure you have rights to your partners estate is if it is written in a valid Will.

What happens if a cohabiting parter dies without a Will?

If your partner dies without a Will their estate will be divided according to intestacy rules, which do not recognise unmarried partners.

Instead, assets will go to children, parents or siblings based on very specific rules, meaning that the surviving partner will likely be left with nothing if a Will is not in place.

The only way to ensure inheritance for a partner is to ensure they are explicitly named in a Will or be nominated on financial policies, such as life insurance.

What happens to our shared home when a cohabiting partner passes?

If you are not legally married or listed as an owner or tenant your right to live in a shared home depends on the legal status of the property:

  • Joint tenants – You may automatically inherit the property
  • Tenants in common – The deceased’s shares passes on to their estate, not the surviving partner
  • Sole ownership (in their name) – You may have no legal right to stay, unless mentioned in a Will

It is best to consult legal advice for any disputes on property owned in a cohabiting relationship when a partner passes.

Are there any instances where a cohabiting partner can claim against the estate?

In some cases, a surviving cohabiting partner may be able to get inheritance under the Inheritance Act 1975.

This will only be considered if the surviving partner was financially dependent on the deceased or they have lived together for over two years before death.

This process, however, can be legally complex and time consuming, which is why it is always better to prepare beforehand.

Here to help you

Getting in contact with a solicitor to draw up a Will is always best practice to ensure your cohabiting partner is left with inheritance.

At Palmers our talented Wills Trust and Probate solicitors can help you with any inheritance disputes should a cohabiting partner pass away before any formal arrangements are made.

Get in touch today, for specialised advice on how to manage inheritance of a cohabitant.

Calls to enforce legal working temperatures amidst the climate crisis

Calls to enforce legal working temperatures amidst the climate crisis

The UK is used to all sorts of weather in the space of an hour, but when a heatwave comes, we are entirely unequipped to handle it.

Despite this there are currently no guidelines on how hot, is too hot, to be at work. However, since the latest heatwave many workers have been calling for a maximum working temperature to be set as climate change is contributing to rising temperatures across the UK.

To consider the arguments in favour of change, our Associate Employment Solicitor, Kristie Willis looks at the current rules and the potential proposals.

What are the current legislations on working temperature?

At the moment there is no legal limit on working temperature in the UK around working in the heat.

However, by law employers have a ‘duty of care’ to ensure working temperatures are reasonable for their staff, employers must stick to Health and Safety at work laws. Heat is classed as a hazard and must be assessed like all other hazards.

These laws include keeping the temperatures at a comfortable level and providing clean and fresh air this can be monitored by conducting continuous risk assessments, tracking thermostats and adjusting work rates.

Could working temperature legislation soon change?

The Climate Change Committee (CCC) has called for the government to implement maximum working temperature requirements as heatwaves intensify due to climate change.

It is argued by the CCC that the UK was built on a climate that no longer exists, and employers need to start implementing changes that mitigate the day-to-day effects of climate change.

The CCC have not suggested a maximum working temperature, but they do point to the example of Spain where the legal working temperature for indoors is 27C for sedentary work and 25C for light physical work.

They hope that the implementation of legal working temperatures will incentivise businesses to implement cooling technologies such as air conditioning or green shading to better protect their employees from the negative effects of the heat.

How can you support employees now?

Being proactive with protecting your employees from the heat can boost public perception and keep you in a strong position if the law changes.

Simple steps, such as providing cold drinks, setting up fans or installing air conditioning can help and for outside workers, it may make sense to provide longer or more frequent breaks to help them cool down.

Even if specific rules about working temperatures don’t exist, employers still have a legal responsibility for employees’ health and safety that they must comply with.

Our employment law team supports businesses in developing policies and practices that support employees in the heat, we can look over your current approach and tailor it to current Government policies and guidance.

Contact us today for expert advice on helping employees beat the heat.

Hiring overseas – Understanding your obligations as a visa sponsor

Hiring overseas – Understanding your obligations as a visa sponsor

For many UK businesses, recruiting from overseas provides access to talent that would otherwise be difficult to find.

To do so under the Skilled Worker route, however, the employer must hold a valid sponsor licence from the Home Office and comply with a detailed set of ongoing duties.

Enforcement of those duties has stepped up sharply and according to the latest Home Office figures, 3,100 sponsor licences were revoked in 2025.

This the highest annual figure since records began in 2012 and in the final quarter of last year alone, revocations tripled compared with the previous three-month period.

Losing a sponsor licence can mean the immediate loss of every sponsored worker on the payroll, reputational damage, a cooling-off period before a new application can be made and substantial recruitment costs to fill the resulting gaps.

Our immigration expert, Pooja Kaur, explores visa sponsor duties and how compliance is changing for UK businesses.

What sponsor duties actually involve

The Home Office treats sponsorship as a privilege, not a right. In return for the ability to recruit from overseas, sponsors take on a series of legal duties.

These include carrying out and properly documenting right-to-work checks on every sponsored worker, keeping accurate records of contracts, passports and visas, and reporting changes through the Sponsor Management System within strict timescales. Any change to job duties, salary, location, working pattern or early termination of employment must be reported promptly.

Sponsors must also ensure that sponsored workers are paid at or above the applicable salary thresholds for the role and co-operate fully with Home Office compliance visits, which may be announced or unannounced.

A more demanding compliance environment

Recent rule changes have raised the bar considerably. From 22 July 2025, the minimum skill level for most Skilled Worker roles was raised to RQF Level 6 and salary thresholds were significantly increased.

The Home Office has also clarified the prohibition on passing sponsorship costs to workers and tightened expectations around the role of Key Personnel within sponsoring businesses.

Issues that may once have attracted a warning, such as late reporting or incomplete HR records, are now more likely to trigger immediate suspension or revocation of the licence.

What this means for employers

For employers who already hold a licence, regular internal audits of sponsorship files, HR systems and reporting practices are essential.

For those considering an application, careful preparation is needed to demonstrate that the necessary systems and personnel are in place from day one.

In both cases, the cost of getting it right is considerably lower than the cost of getting it wrong.

If you are applying for a sponsor licence, preparing for a Home Office audit or facing a suspension or revocation, our team can help you take the right steps quickly. Please get in touch to discuss your situation.

Insolvency is on the rise – Keep your debts under control with the right legal action

Insolvency is on the rise – Keep your debts under control with the right legal action

The latest data from the Insolvency Service paints a clear picture of growing business failure in the UK, driven by rising costs and economic uncertainty.

In March 2026, 2,022 companies in England and Wales entered a formal insolvency process, seven per cent higher than the previous month.

In April 2026 the figure rose again to 2,085 and across the rolling 12 months to April 2026, one in 193 active companies entered insolvency.

Luke Morgan, Our Supervising Director for Debt Recovery, says that business owners and creditors alike, these figures are a reminder that the financial environment remains difficult and that the right action taken at the right time can make a significant difference.

If you are owed money

Unpaid invoices and late payments tie up cash that your business needs to survive. Cash flow issues are one of the most common causes of insolvency, which is why acting early is critical.

Before a debtor’s position deteriorates further, it is worth considering a formal letter before action setting out the debt and the consequences of non-payment.

Negotiating a structured repayment plan can be more realistic than insisting on a lump sum.

Depending on the circumstances, further options include:

  • Issuing a statutory demand for undisputed debts above the relevant threshold.
  • Court proceedings to obtain a judgment and subsequent enforcement action.
  • Petitioning for the winding-up of a company or bankruptcy of an individual where appropriate.

The right step will depend on the size of the debt, the financial position of the debtor and your wider commercial relationship with them.

If your business is under pressure

If your own business is struggling with debt, early action almost always produces better outcomes than waiting.

The number of options available reduces sharply as a company approaches formal insolvency.

Depending on circumstances, these options can include negotiated payment arrangements with key creditors, refinancing, a Company Voluntary Arrangement (CVA) or a moratorium under the Corporate Insolvency and Governance Act 2020.

Directors also need to be mindful of their personal duties as the company’s financial position changes, particularly the duty to act in the interests of creditors as a whole once insolvency is in prospect.

Is the Government doing anything to address late payments?

In May 2026, the Government announced the Small Business Protections Bill, described as one of the toughest late payment regimes in the world.

The Bill is being introduced to Parliament and includes a new 60-day cap on payment terms for large firms, mandatory interest on late payments and a ban on retention practices in construction.

The Small Business Commissioner is also to be given stronger powers to investigate and adjudicate disputes involving persistent late payers, with potential penalties running into tens of millions of pounds for non-compliance.

These measures will take time to implement, however, and many businesses cannot afford to wait for change.

If you need advice on recovering a debt, responding to a winding-up petition or assessing your options as a director, please get in touch.

Neurodiversity and divorce – Supporting parties to find a workable solution

Neurodiversity and divorce – Supporting parties to find a workable solution

Divorce is widely recognised as one of the most stressful events a person can go through.

For neurodivergent individuals, or couples where one or both partners are neurodivergent, the process can present additional challenges that the legal system is only now beginning to acknowledge fully.

It is estimated that around 15 per cent of the UK population is neurodivergent, encompassing conditions such as autism, ADHD and dyslexia.

The Family Justice Council has published specific guidance for family lawyers on neurodiversity, recognising that traditional adversarial processes are not always well suited to neurodivergent clients.

The Head of our Family Department, Karen Bishop, explores how neurodiverse people can be supported during divorce and separation.

How neurodiversity can affect the process

Neurodivergent individuals may experience differences in communication, sensory processing, executive function and emotional regulation.

In the context of a divorce, this can affect how someone handles correspondence, takes in complex financial information, manages court timetables or participates in long meetings.

Without thoughtful adjustments, these differences can lead to misunderstandings and, in some cases, unfair outcomes.

A neurodivergent parent navigating a child arrangements dispute may, for instance, struggle to participate effectively if hearings are held in overwhelming environments or if information is provided in formats that do not suit them.

Adjustments that can help

Practical steps can make a meaningful difference, including providing information in writing in advance rather than relying on verbal updates, breaking meetings into shorter sessions and allowing additional time to consider documents.

Using plain language, considering virtual hearings and permitting a trusted support person to attend can all reduce unnecessary pressure on neurodivergent parties.

Where children are neurodivergent

Where one or more children are neurodivergent, child arrangements need to be designed around their need for routine, consistency and predictability.

Transitions between households can be particularly difficult, so handovers, school arrangements and contact schedules benefit from being structured carefully and reviewed regularly.

Co-parenting tools, written communication protocols and clear shared calendars can all help to reduce friction between separated parents and provide the stability that neurodivergent children rely on.

Choosing the right process

Out-of-court options such as mediation, collaborative law and arbitration can be particularly well suited to neurodivergent parties. They offer more control over the pace, format and environment of discussions than formal court proceedings.

Court proceedings remain available where necessary, but in many cases a less adversarial route will produce better and more sustainable outcomes for everyone involved.

If you or your former partner are neurodivergent, or if your children have additional needs, our family team can help you find an approach that protects everyone’s interests. Please get in touch for a confidential conversation.

My neighbour is destroying the enjoyment of my garden – What are my options?

My neighbour is destroying the enjoyment of my garden – What are my options?

A garden should be a place to relax. For thousands of homeowners across England and Wales, however, it has become an ongoing source of stress.

Loud music, overhanging trees, smoke drifting over the fence, persistent dog barking or aggressive behaviour can all make an outdoor space feel unusable.

A recent Freedom of Information analysis found that one local authority alone received more than 9,000 complaints related to garden and outdoor disputes over a five-year period.

If you find yourself in this dispute with a neighbour, our Head of Personal Litigation, Erin Duffy, looks at the options available to homeowners.

In most cases, an early and proportionate response is far more effective than letting things escalate.

Start with a direct conversation with your neighbour

It can be tempting to dismiss this step, but a polite, non-confrontational conversation resolves a surprising number of disputes without any need for formal action.

Your neighbour may simply not realise their behaviour is causing a problem. If speaking in person feels uncomfortable, a short and friendly note can serve the same purpose.

Whatever route you take, keep a written record of what was said, when it was said and any response you received. This can become important evidence if matters do not improve.

Consider mediation to resolve property disputes

If direct discussion does not work, or feels unsafe, mediation is often a sensible next step for many neighbours in dispute.

A trained, independent mediator can help both sides reach a workable agreement without involving the courts.

Some local councils offer or signpost mediation services and it is significantly cheaper and quicker than litigation.

Reporting a statutory nuisance

Some behaviour goes beyond inconvenience and amounts to a statutory nuisance under the Environmental Protection Act 1990.

This typically covers excessive noise, smoke, fumes and accumulation of waste that unreasonably interfere with your use and enjoyment of your property or are harmful to health.

Your local council has powers to investigate and, if satisfied that a statutory nuisance exists, to issue an abatement notice. Breaching that notice is a criminal offence.

High hedges and boundary issues

Where the dispute concerns a high hedge blocking light or affecting your enjoyment, councils have specific powers under the Anti-Social Behaviour Act 2003 to issue a remedial notice.

Boundary disputes are generally a matter for civil resolution and may require a careful review of title plans and Land Registry documents.

When to involve a solicitor

Where informal steps and council intervention have not resolved matters or where the conduct amounts to a private nuisance, harassment or trespass, legal action may be appropriate.

The recent Supreme Court ruling in Fearn v Tate Modern confirmed that even excessive overlooking can, in the right circumstances, amount to an actionable private nuisance.

If you are dealing with a difficult neighbour situation and are unsure of your options, our team can help you assess the best route forward. Please get in touch.