Business

The myth of the common law spouse

INHERITANCE claims by unmarried couples have surged, as lawyers blame the common-law spouse “myth” for people wrongly assuming they will inherit assets.

Couples who have lived together for some time may believe the widely held misconception that they become “common-law spouses”, a term that is frequently used but has no legal recognition.

Many believe, incorrectly, that they automatically acquire the same legal status as a married couple but when unmarried couples separate, or one of them dies, they are not afforded the same rights as married couples.

The number of legal actions brought by individuals wanting a share of estates left by partners has increased fourfold over the last 15 years, according to data published by the Ministry of Justice.

In 2007, there were 43 inheritance claims, but by 2020, this figure had risen to 192 and remained high at 165 the year after. It seems that many unmarried men and women are simply unaware that they would have to make a claim to be entitled to assets left by their partners.

The size of this increase might seem surprising but it should be remembered that there has been further growth in the number of couples who live together without marrying.

The value of estates has also increased, principally due to a tremendous rise in house prices across the UK. Despite both of those things, many individuals are still not undertaking any financial planning, such as making a will, to make provision for their loved ones.

There are still many people who assume that they would simply inherit their partners’ assets when, in fact, they are not automatically entitled to anything. They only become aware that the idea of common-law spouse is just a myth when realising that they actually need to make a claim in order to stand a chance of inheriting anything at all.

It is a reality which often compounds the shock and distress of having lost a loved one, yet can be avoided so relatively easily by making a will.

So, in summary, if you are cohabiting you have less protection from the law than if you were married. Consequently it would be sensible to make a will and ensure that any interest you may have in a property shared with your partner is clearly documented to set out the extent of your share.

EDWARD LYONS

Email: enquiries@lyonslaw.co.uk Website: www.lyonslaw.co.uk Telephone: 01275 332168

An established and progressive law firm providing a personal and cost-effective legal service for commercial and individual clients.

l Family & Divorce Law l Co-habitation disputes l Inheritance disputes l Wills and Living Wills l Powers of Attorney l Administration of Trusts l Property – sales and purchases l Personal Injury & Clinical Negligence claims

OFFICES AT: Chew Magna 01275 332168 Westbury-on-Trym 0117 950 6506 Kingswood 0117 967 5252

Radstock Co-op donates £25,000 to good causes

THE success of the Carrier Bag Levy charging initiative continues and has enabled us to determine which community causes should benefit. The society received a number of suggestions as to where the funds should be directed.

CEO, Don Morris, said: “In the current economic climate, and with our society values and principles in mind, the aim of this donation is to empower and educate the local community to become self-reliant whilst ensuring they have access to essential food supplies.

“We are delighted to be able to make a significant donation totalling £25,000 to the following:

Highbridge & Burnham-on-Sea Local Pantry, The Sydenham Pantry, Friends of Grove Park, Swallow, Writhlington School, Crispin Community Centre, Rockaway Park Community Forest Garden, Willowdown Primary School, The Volunteer Network's Growing Happiness Sessions, Shared Earth Learning, The Mendip School, Feed Avalon/EAT Project, The Food Forest Project, The Walled Garden at Mells, The Nelson Trust – Somerset Women's Centre, The Trussell Trust, Avanti Schools Trust Primary School, Seed of Hope, The Huntspill Primary Academies, HAMP Pantry and The Rosary Nursing Home.”

Penny Russell from the Trussell Trust said: “The Trussell Trust supports a nationwide network of 1300+ food banks to provide emergency food and practical support to people facing hunger. Together, they’re working towards a future where everyone can afford life’s essentials.

“The donation means the charity can remain agile in the challenging circumstances, to ensure that food banks continue to provide the lifeline of emergency food and additional support for people facing hunger, whilst also moving forwards with important work to tackle root causes of poverty and campaign for longterm change.” Natalie Donbavand, Friends of Grove Park, said: “Thank you so much, the donation will make a massive difference, we will be able to work on changing an underused area of the park into a community gardening area.

“This area is one of the few pieces of flat unused land in the park so it will be great for people with mobility issues. We will need to create a path and make planters, so this money will really help support that work.”

Emma Larkham, head teacher at Castle Mead School, said: “We are thrilled to have been chosen to receive this donation – it means so much that members of the community have thought of us in this way.

“A donation towards our gardens will be put to good use as we are trying to get our school garden back into good shape after it was not able to be used during the Covid pandemic.

“We will buy seeds and plants as well as some new tools for the children in the club to use. Our Before School club will use some of the donation to buy games as these are always needed and the children will really enjoy having some new activities each morning.”

Step back in time this Christmas

IF you’re looking for a Christmas present with a difference and want to help a charity in its mission to preserve local archive film, then take a look at what’s in the Windrose Rural Media catalogue.

From royal pageants and steam trains to buckets and spades holidays by the sea and old skills like rope making and pottery, there is a great selection from which to choose. The films were shot in Dorset, Somerset, Wiltshire and Devon.

Windrose is a registered charity. Proceeds from DVD and CD sales go to saving more old films, many of which were put together by keen amateur filmmakers from years gone by, providing a fascinating glimpse into the region’s social history.

DVDs cost £10 and CDs £5, including postage and packing. Orders should be sent to Windrose Rural Media Trust, Corner Cottage, Brickyard Lane, Bourton, Gillingham, Dorset, SP8 5PJ.

Details: tbailey352@btinternet.com https://windroseruralmedia.org/projects/shop/

Monthly talks return

PENSFORD Local History Group has arranged a series of three monthly talks, after a gap of several years. Group member, Paul Cooper, (pictured) gave an illustrated talk on the History of All Saints’ Church in Publow.

Following the presentation, Andrew Hillman, churchwarden, said: “The large audience really appreciated the talk and the interest generated among the community as a whole bodes well for the future of the building both as a religious centre and as a community asset.”

The group’s next talk will be on Monday, November 7th, 7.30pm in Pensford Memorial Hall with Collin Budge talking on “Mills, Coal and Glass (from Stanton Drew to Publow).”

Details: pensfordhistorygroup@gmail.com

Team defies the odds to publish parish book

A GROUP of local history enthusiasts are preparing to publish their latest – and final book – after defying the challenges caused by the pandemic to explore and research the parish of Nunney.

The History Group first came together as a group of likeminded friends more than 20 years ago to research the history of Leigh-on-Mendip. Since then, they have published two books on Stoke St Michael, Leigh itself and, finally, Wanstrow in 2016.

The books are all still available.

A Window on

Nunney and

Trudoxhill will be launched at an event at Nunney

Village Hall on Saturday, November 12th between 11am and 3pm. Books will also be sold at the White Hart in Trudoxhill.

Joyce Jefferson, who has led the group throughout, said: “We thought that as it is a large parish, it would take us some years to investigate. However, after our third or fourth visit, much to our amazement, we were informed that neighbouring Trudoxhill was also in the parish until 1950.

“The initial research was going really well and then – wham, a pandemic arrived. Any research became difficult. Lockdowns, restrictions on group meetings and visiting archives were disastrous for a group like ours, which relies on talking to people, looking at the landscape and going through both the deposits at Somerset Heritage Centre and any private collection of local archives. Zoom meetings and emails are really not a substitute!”

During all the restrictions, Joyce started to write up the research they had done, noting omissions to be covered later and photographs, diagrams and maps needed. Since Covid problems have eased and members have been meeting monthly, rather than weekly, to complete the project. Some group members have also managed to talk to residents and looked through photographs and memorabilia. Others have taken photographs, drawn maps and diagrams. l The 140-page book will cost £10. All profits will be donated to Nunney Community Association and Trudoxhill Village Hall.

Lamyatt –a new “Thankful Village”

A SPECIAL church service is to be held in November to mark confirmation that Lamyatt – between Evercreech and Bruton –has been designated as an official Thankful Village.

Lamyatt joins nine other villages in Somerset and Bath and North East Somerset to enjoy the status. The term Thankful Village applies to a community in which all who went to fight in the WWI came home safely.

The confirmation came after some ten years of research by members of the Evercreech History Society who were puzzled that the village – with a current population of less than 200 –had neither a war memorial or list of ward dead in the parish church.

Gill Lindsay, from the society, said: “We began to look at the possibility that Lamyatt should be granted Thankful Village status. First, we looked at the names of those who were known to have served between 1914 and 1918 to see if any of them were recorded on the Commonwealth War Graves website; none were.

“Then we searched numerous archives, including the wonderful Golden Book in Wells Cathedral, no deaths were recorded for Lamyatt. On behalf of the village, we applied to have Lamyatt given Thankful status.”

But one name could not be traced, that of Frederick Garland, whose twin brother and twelve other men from Lamyatt returned home. Gill added: “A note was put in the visitor’s book in Lamyatt church asking for information about the Garland family. Earlier this year we finally had a hit, a lady who lives in Hereford travelled to Somerset to track her Garland family tree and reopened the trail.

“With her help and that of an archivist at the Somerset Heritage Centre we discovered that although Frederick enlisted in the Somerset Light Infantry, he was transferred to the Northumberland Fusiliers a regiment we never thought to look into.

“Then we could prove that Frederick Garland, like his twin brother and twelve other men who went to fight from Lamyatt all returned safely. We applied again and on the day that the Queen died we heard that Lamyatt has been accepted as a Thankful Village.”

Frederick Garland was born on December 28th, 1895. He died on January 23rd, 1982, at The Hayes nursing home in Sherborne.

Before the confirmation of Lamyatt’s status, there were 56 Thankful Villages in England; Somerset has more than any other county: Aisholt, Chantry, Chelwood, Holywell Lake Rodney Stoke, Shapwick, Stocklinch, Tellisford and Woolley.

The thanksgiving service will be held in St Mary and St Johns’ Church on Sunday, November 6th. No decision has yet been made about whether to mark the village’s new status with a road sign like those in Rodney Stoke.

Fred Garland (far left) at the wedding of his son, Robert (third left), next to his bride Gloria