The world is full of misconceptions and myths that can mislead you and complicate your understanding of the law.
As they say, ignorance is no defence. So don’t fall foul of any of these common misunderstandings.
If You Ignore It, It Will Go Away
Not technically a myth but a mindset. Ignoring a legal issue will not make it disappear. Whether it’s a lawsuit, a debt, or a legal notice, these issues will worsen over time if not addressed promptly. Not only that, but the stress that comes with it being in the back of your mind will make each day a worry.
Ignoring legal matters can lead to additional problems, such as added interest, or a default judgement against you. It’s so important to speak with a solicitor as soon as you become aware of a legal problem.
It’s a common response to debt, but in England, Wales, and Northern Ireland, a debt is usually enforceable for six years (five years in Scotland) from the date of your last payment or acknowledgment of the debt. However, it’s best to address debts promptly to avoid further complications.
Verbal Agreements Aren’t Binding
‘Not worth the paper it’s written on,’ says the person going back on their word.
While it’s always best to have written contracts, verbal contracts are legally binding but can be difficult to prove in a court of law, should it be required.
Enforcing an oral agreement in court depends on the details of the case and the ability to prove that the agreement existed. This is why you should try to get something in writing wherever possible because it provides clear evidence of what’s been agreed.
Common-Law Marriage Has the Same Legal Status as Marriage
The concept of common-law marriage, where cohabiting partners have the same legal rights as married couples, does not exist in UK law.
Even if a couple have lived together for many years if they are unmarried, they do not have the same legal rights as a married couple. Unmarried partners do not have automatic rights to each other’s property, inheritance, or financial support. It is important for couples who are living together to understand this and consider legal agreements like cohabitation contracts or wills to protect their rights.
Legal Aid Isn’t Available Anymore
While it’s true that access to legal aid has been reduced, it is still available for certain cases in the UK. It’s usually available for those cases involving family law, housing, domestic violence, and immigration.
Eligibility for legal aid depends on the nature of your case and your financial situation. It may be the case that some elements of your case are eligible. You can check if you qualify for legal aid with a legal aid solicitor, like these solicitors in Ipswich, before assuming it’s not an option.
You Only Need a Will if You’re Wealthy
Everyone, regardless of their ‘wealth’, should have a will.
A will ensures that your estate, whatever size, is distributed according to your wishes and can help avoid disputes among family members. There’s a lot to be said for the peace of mind for having a will too.
Without a will, your estate will be distributed according to the rules of intestacy, which may not reflect your intentions. A will also allows you to appoint guardians and trusts for any minor children.
You Can Challenge a Will If You Are Expecting More Provision
It is possible to challenge a will under certain circumstances, such as if you believe the will is invalid due to lack of proper execution, or the person making it had a lack of mental capacity, undue influence or fraud.
But in the UK there is no automatic right to challenge a will or automatic right to a person’s inheritance simply because you think you should get more.
If you were financially dependent on the deceased and have been left out of the will or received an insufficient share, you might be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
Challenging a will gets more complicated if the estate has been distributed. It’s possible but very hard.
If you think the will should be declared invalid, you should speak to a solicitor as soon as possible. There are strict time limits to challenging a will.
Final Thoughts
By understanding the realities behind these common UK legal situations, you can make better plans and protect your rights. If you have any legal concerns, consulting with a qualified solicitor is always the best course of action to ensure you receive good legal advice.
