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Legal Myth Busters: Five Common Misunderstandings About NI Law

 

Thursday 29 May 2025

Legal Myth Busters: Five Common Misunderstandings About NI Law
At Adamson Rice, we often see the confusion that arises from common legal myths—ideas passed around in conversation, social media posts, or even outdated advice that no longer reflects current law. As a firm committed to clarity and client empowerment, we believe it’s time to set the record straight.
Below, Lenore busts five of the most persistent legal myths in Northern Ireland. Whether you're a homeowner, parent, employer, or simply someone keen to stay informed, knowing the truth could save you from costly mistakes or stressful surprises.

1. “We’ve been living together for years, so we’re in a ‘common law marriage.’”
The myth: Couples who live together for a long time automatically acquire the same legal rights as married couples.
The truth: There is no such thing as a "common law marriage" in Northern Ireland.
No matter how long a couple has lived together, cohabiting partners do not have the same rights as those who are legally married or in a civil partnership. This becomes especially important when dealing with issues like property division, inheritance, or separation.
If you're in a long-term relationship but not married, you should consider a cohabitation agreement. This formal document can outline what happens to jointly owned property, finances, and other matters in the event of separation or death. Don’t wait until a crisis arises—proactive planning now can protect both parties later.

2. “If I die without a will, everything automatically goes to my spouse.”
The myth: A surviving spouse inherits the entire estate if their partner dies intestate (without a will).
The truth: Not necessarily—and the law is more complicated than most people realise.
Under the rules of intestacy in Northern Ireland, your estate is divided based on a fixed legal formula. If you have children, your spouse is only entitled to a portion of your estate—the rest is split among your children. If you don’t have children, your spouse may still have to share the estate with other relatives such as your parents or siblings.
The only way to ensure your assets go to the people you choose—and to avoid potential family disputes—is to make a legally valid will. It’s one of the most important steps you can take to protect your loved ones.

3. “Verbal agreements are just as binding as written contracts.”
The myth: A spoken promise is legally enforceable just like a written contract.
The truth: While some verbal agreements can be binding, proving them in court is a different story.
In Northern Ireland, many types of contracts can be formed orally. However, if a dispute arises, you’ll need evidence to prove what was agreed—and that’s where things get tricky. Without a written record, it often becomes a matter of one person’s word against another’s.
In certain cases—such as property transactions—the law actually requires that agreements be in writing to be legally enforceable. For anything important, especially business or property-related deals, always insist on a properly drafted written contract. It’s not about distrust—it’s about protection.

4. “If I’m named in someone’s will, I’m guaranteed to inherit what they left me.”
The myth: Being named in a will guarantees you'll receive the inheritance stated.
The truth: Even valid wills can be challenged under certain conditions.
While wills are usually upheld, they can be contested on several legal grounds—such as lack of mental capacity, undue influence, or failure to meet legal formalities. Moreover, under the Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979, certain individuals (like a spouse, child, or dependant) can apply to court for a greater share of the estate if they believe they’ve not been reasonably provided for.
So, while a will is an essential document, it isn’t bulletproof. This is why it's critical to draft it properly, seek legal advice, and ensure it's kept up to date as your circumstances change.

5. “Solicitors are only needed when you’re in trouble.”
The myth: You only need a solicitor when you’re facing a crisis, like going to court or being sued.
The truth: Solicitors are just as valuable in prevention as they are in crisis management.
At Adamson Rice Law, we like to think of legal support as similar to regular health check-ups: it's about preventing issues before they become serious problems. Whether you're buying a home, starting a business, planning your estate, or negotiating a contract, a solicitor can help you make informed choices that safeguard your future.
Don’t wait until you’re “in trouble” to seek advice—often, we can help you avoid trouble altogether.

Key Takeaway Thoughts
The law is full of nuances, and myths can lead even the most well-meaning person astray. 
At Adamson Rice, we’re passionate about providing straightforward, practical legal advice grounded in the reality of Northern Irish law—not urban legends.
If you’ve heard something that sounds “legally iffy,” don’t act on it until you speak with a qualified solicitor. We’re here to help you every step of the way—whether it’s busting myths, drawing up documents, or resolving disputes.

Get in Touch

Have a legal question or want to review your current arrangements? 
Contact Lenore today for a confidential chat; 02891 468468 or email; enquiries@adamsonrice.co.uk
You can also check out our website for any further information on legal services we offer; www.adamsonrice.co.uk

Author By Lenore Rice, Director at Adamson Rice

Thursday 29 May 2025

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