Unmarried couples blog

Why Unmarried Couples in the UK Should Have Wills in Place

For many couples, making a Will is something that gets put off for another day. If you are unmarried, however, having a valid Will in place can be particularly important.

There is a common misconception that if you have lived together for many years, own a home together or have children, your partner will automatically inherit your estate if you die. In England and Wales, that is not the case. There is no legal status of a “common-law marriage”, regardless of how long you have been together.

For unmarried couples, a properly drafted Will can therefore provide vital protection and certainty for the person you love.

What happens if an unmarried partner dies without a Will?

If someone dies without making a valid Will, they are said to have died intestate. Their estate is then distributed according to the intestacy rules.

These rules give priority to certain relatives, including a surviving spouse or civil partner. However, an unmarried cohabiting partner does not automatically inherit simply because they have lived with the deceased for many years.

This can have devastating consequences.

Imagine a couple who have lived together for 20 years. They own a home, share their finances and consider themselves a family, but they have never married and one partner dies unexpectedly without a Will.

The surviving partner may discover that they do not automatically inherit their partner's estate.

The situation can become even more complicated where there are children from a previous relationship, other family members, or property that is owned in one person's sole name.

“But we own our home together”

Joint ownership of a property does not necessarily remove the need for a Will.

How the property is owned matters.

If a couple owns a property as joint tenants, the deceased's interest will generally pass automatically to the surviving joint owner and cannot be changed by their Will.

However, if the property is owned as tenants in common, each person owns a defined share. That share does not automatically pass to the surviving partner when they die. Instead, it forms part of their estate and can pass according to their Will – or, if there is no Will, under the intestacy rules.

This is one reason why unmarried couples who own property together should consider both how their property is owned and what their Wills say.

What if you have children?

Children can make estate planning even more important.

An unmarried couple may have children together, children from previous relationships, or both. A Will allows you to make specific arrangements for your children and can set out who you would like to look after children under 18 if necessary.

It can also help you decide how your assets should ultimately be divided between your partner and your children.

Without proper planning, family relationships can become complicated at an already extremely difficult time.

A Will can protect more than just money

When people think about Wills, they often think about houses, savings and investments.

But a Will can also deal with:

• Personal possessions and sentimental items
• Property
• Savings and investments
• Business interests
• Life insurance proceeds, depending on how policies are structured
• Gifts to family members or friends
• Gifts to charities
• Arrangements for children
• The appointment of executors to administer your estate

A Will allows you to make your wishes known rather than leaving your loved ones to deal with uncertainty after your death.

Take action today

If you are living with your partner and you are not married or in a civil partnership, ask yourself:

“If I died tomorrow, would my partner definitely receive what I want them to receive?”

If you aren't completely sure, it may be time to review your estate planning.

A solicitor can advise you on your individual circumstances and ensure that your estate planning needs are met.

To arrange an initial Will appointment, contact our private client team on 01606 74301.