LawTorn: Conversations from the Frontline of Family Fights

Collyer Bristow LLP
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LawTorn: Conversations from the Front Line of Family Fights  Hosted by Samara Dutton, Partner in our Private Wealth Disputes Team, and Philippa Dolan, Partner in our Family Team. LawTorn is a podcast exploring family law, divorce, wills disputes, and inheritance challenges.    When family disputes turn into legal battles, emotions run high and the court system can feel daunting.  In this new podcast series, Samara and Philippa draw on their experience in family and inheritance law to unpack the legal processes while honouring the very human stories behind this kind of litigation. They discuss the emotional and practical difficulties their clients face, the similarities and differences between family and civil court’s approach to these, and how lawyers can help clients find resolution and regain a sense of calm amid conflict.   Our hosts will explore topics including common-law marriage, will challenges, prenups and postnups, as well as the moral questions that arise when families fracture. With insights from guest experts and colleagues, LawTorn aims to demystify complex legal concepts and procedures while making family law and dispute resolution more accessible.   If you have a question you’d like Samara and Philippa to discuss, please send it to lawtorn@collyerbristow.com. New episodes will be released on the last Monday of each month.  Disclaimer: This content is provided for general information only and does not constitute legal or other professional advice. Appropriate legal or other professional opinion should be taken before taking or omitting to take any action in respect of any specific problem. Collyer Bristow LLP accepts no liability for any loss or damage which may arise from reliance on information contained in this material.

Episodes

  1. MAR 30

    Marriage, Capacity and Control: The Risks of Predatory Relationships

    In this episode of LawTorn, Samara Dutton, Partner in the Private Wealth Disputes team, and Philippa Dolan, Partner in the Family team, explore the increasingly concerning issue of predatory marriage, where vulnerable individuals, often elderly or lacking mental capacity, are targeted, manipulated, and in some cases coerced into marriage with serious legal consequences. They discuss the typical fact pattern in these cases and examine how marriage can unintentionally revoke an existing will, creating a risk of intestacy and potentially diverting estates to individuals who have exploited a position of trust. The conversation considers how this outcome arises from the intersection of longstanding legal principles, often with unintended and distressing consequences for families. The episode also explores the complex interplay between the legal tests for capacity to marry and capacity to make a will, highlighting the lower threshold required for marriage and the vulnerabilities this can create in practice. Samara and Philippa reflect on how these differing standards can be exploited, and why the current legal framework has been criticised as leaving a significant gap in protection. They go on to consider the practical and legal challenges in addressing predatory marriage, including the role of registrars, the evidential difficulties in challenging the validity of a marriage, and the options available where concerns arise. These include preventative steps, applications to the Court of Protection, forced marriage protection orders, and the use of statutory wills. Finally, the discussion turns to proposed legal reforms aimed at addressing these issues, including recommendations to remove the rule that marriage revokes a will, and whether these changes will go far enough to protect vulnerable individuals. As ever, the episode highlights the sensitive and often distressing realities that sit behind these cases, as well as the importance of early advice and careful navigation of overlapping areas of law. Stay tuned. New episodes are released on the last Monday of each month. For questions or feedback, please contact us at lawtorn@collyerbristow.com

    26 min

  2. FEB 23

    Can You Contest a Will? A Conversation About 75 Act Claims and Inheritance

    In this episode of LawTorn, Samara Dutton, Partner in the Private Wealth Disputes team, and Philippa Dolan, Partner in the Family team, consider what can be done when a parent’s will leaves everything to one child and nothing to the other. Using a listener’s question, they explore two distinct legal routes: challenging the validity of a will, including on the grounds of undue influence, and bringing a claim under the Inheritance (Provision for Family and Dependants) Act 1975. The discussion examines what undue influence really means in practice, including the high threshold required to prove that a testator’s volition was overpowered without convincing the judgment, and why such claims can be difficult to establish. Samara explains the evidential hurdles involved and the distinction between persuasion, obligation and unlawful pressure. The episode also provides a clear overview of 1975 Act claims, including who is eligible to bring them, the concept of reasonable financial provision, and how the courts approach claims by adult children. The conversation reflects on the tension between testamentary freedom and fairness, the limits of maintenance based awards, and recent cases which illustrate how fact specific and unpredictable these disputes can be. As ever, the discussion highlights the emotional and financial realities that sit behind inheritance disputes, including the impact of costs, the importance of early legal advice, and the role of negotiation and mediation in resolving family conflict. This episode offers practical insight into the legal framework governing will challenges and financial provision claims, and the strategic considerations involved in deciding which route, if any, to pursue. Stay tuned. New episodes are released on the last Monday of each month. For questions or feedback, please contact us at lawtorn@collyerbristow.com

    28 min

  3. JAN 26

    How Does Christmas Affect Divorce and Children? A Family Law Perspective

    In this episode of Law Torn, Samara Dutton, Partner in the Private Wealth Disputes team, and Philippa Dolan, Partner in the Family team, reflect on the festive period discuss how the Christmas can bring family tensions and disputes into sharper focus. They explore the common perception that divorce rates increase after Christmas, reflecting on whether this is supported by experience or evidence, and consider how extended time together, family expectations and blended family dynamics can place additional strain on already fragile relationships. The conversation looks in particular at the challenges faced by separated parents during the festive period, including how Christmas and New Year arrangements for children are typically managed, what happens when agreed arrangements or court orders are not followed, and how disputes over contact, gifts and competing households can escalate. Samara and Philippa also provide a practical overview of the divorce process in England and Wales for those contemplating next steps in the New Year, including timescales, costs, and the role of mediation and legal advice. In addition, the episode touches on how Christmas can highlight concerns around capacity and vulnerability in older relatives, particularly where families spend extended time together. This episode offers insight into the legal, emotional and practical issues that often arise after Christmas, and how families can approach separation, parenting arrangements and wider family disputes with greater clarity in the New Year. Stay tuned — new episodes will be released on the last Monday of each month. For questions or feedback, please contact us at lawtorn@collyerbristow.com

    31 min

  4. 12/29/2025

    The Role of Financial Coaching in Family Disputes with Kristin Cunliffe

    In this episode of Law Torn, Samara and Philippa are joined by their first guest, Kristin Cunliffe, to discuss the role emotions play in financial decision-making during family litigation. Kristin is a financial planner, financial coach and educator with over 25 years’ experience supporting individuals through divorce and bereavement. She explains how financial coaching differs from traditional financial advice, focusing on a client’s relationship with money rather than budgeting or financial management. The episode explores why clients may struggle to settle disputes, even when they understand the legal and financial risks of litigation. Samara and Philippa reflect on the challenges of advising clients where emotions, grief or a sense of injustice influence strategic decisions, particularly in disputes arising from relationship breakdown or loss. Kristin also discusses how early experiences with money, financial personality types and unresolved emotional responses can affect behaviour during legal proceedings. The conversation considers how financial coaching can complement legal advice by helping clients separate emotional responses from the practical realities of litigation, engage more constructively with settlement discussions, and begin to plan for life beyond the dispute. This episode provides insight into the emotional and financial dynamics that often sit beneath family litigation, and the value of additional support alongside the legal process. Stay tuned — new episodes will be released on the last Monday of each month.   For questions or feedback, please contact us at lawtorn@collyerbristow.com.

    37 min

  5. 11/24/2025

    Common Law Marriage: What Cohabiting Couples Need to Know

    In this episode, Samara Dutton, Partner in Collyer Bristow’s Private Wealth Disputes team, is joined by Philippa Dolan, Partner in the Family team, to explore the widespread misconception of common law marriage, a “status” believed by 46% of the population, yet one that has no legal standing in England and Wales. Using a listener scenario involving a decade-long relationship, two children, and a home owned by one partner, Samara and Philippa break down: Why common law marriage doesn’t existWhat rights cohabiting partners actually haveHow children change the legal positionSchedule 1 claims under the Children ActProperty rights, promises, and the limits of trust-based claimsThe stark contrast with the rights of married couplesHow inheritance and the Inheritance (Provision for Family and Dependants) Act 1975 appliesThe conversation moves frankly, and often humorously, through the practical realities faced by unmarried couples, highlighting the risks, the protections available, and when legal advice is essential. If you’re cohabiting, thinking about marriage, or advising someone who is, this episode offers clarity where myths continue to thrive. Stay tuned — new episodes will be released on the last Monday of each month.   For questions or feedback, please contact us at lawtorn@collyerbristow.com.

    23 min

  6. 10/27/2025

    Introducing LawTorn - Exploring Family & Inheritance Disputes

    In this introductory episode, hosts Samara Dutton, Partner in Collyer Bristow’s Private Wealth Disputes Team, and Philippa Dolan, Partner in the Family Team, introduce LawTorn — a new podcast exploring what happens when family relationships break down and disputes spill into the legal arena. Samara and Philippa discuss the inspiration behind the series, the growing intersection between family and inheritance disputes, and the emotional impact of litigation on clients. They share their goal of demystifying the legal process, offering insight, and promoting a more understanding, human approach to resolving conflict. Stay tuned — new episodes will be released on the last Monday of each month.   For questions or feedback, please contact us at lawtorn@collyerbristow.com.

    10 min
  • 6 Episodes

About

LawTorn: Conversations from the Front Line of Family Fights  Hosted by Samara Dutton, Partner in our Private Wealth Disputes Team, and Philippa Dolan, Partner in our Family Team. LawTorn is a podcast exploring family law, divorce, wills disputes, and inheritance challenges.    When family disputes turn into legal battles, emotions run high and the court system can feel daunting.  In this new podcast series, Samara and Philippa draw on their experience in family and inheritance law to unpack the legal processes while honouring the very human stories behind this kind of litigation. They discuss the emotional and practical difficulties their clients face, the similarities and differences between family and civil court’s approach to these, and how lawyers can help clients find resolution and regain a sense of calm amid conflict.   Our hosts will explore topics including common-law marriage, will challenges, prenups and postnups, as well as the moral questions that arise when families fracture. With insights from guest experts and colleagues, LawTorn aims to demystify complex legal concepts and procedures while making family law and dispute resolution more accessible.   If you have a question you’d like Samara and Philippa to discuss, please send it to lawtorn@collyerbristow.com. New episodes will be released on the last Monday of each month.  Disclaimer: This content is provided for general information only and does not constitute legal or other professional advice. Appropriate legal or other professional opinion should be taken before taking or omitting to take any action in respect of any specific problem. Collyer Bristow LLP accepts no liability for any loss or damage which may arise from reliance on information contained in this material.

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