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A recent Will Aid poll has highlighted growing public support for updating the UK’s intestacy laws, particularly to protect unmarried couples who do not have a Will in place.
The poll found that 65 per cent of people believe the law should be changed to provide legal protections for cohabiting couples when one partner dies without a Will.
Yet under current rules, unmarried partners have no automatic right to inherit if their partner passes away intestate, regardless of the length or nature of the relationship.
With many unaware of how vulnerable this leaves them, the question is should unmarried couples act now, or wait for potential reform?
The rules of intestacy govern how a person’s estate is distributed if they die without a valid Will.
These rules only recognise spouses, civil partners and certain close family members.
Unmarried couples are not entitled to inherit anything automatically, no matter how long they have been together or whether they share a home, assets or children.
This can lead to distressing and financially difficult outcomes, with surviving partners often needing to make legal claims just to access jointly lived-in property or shared finances.
The Will Aid survey also revealed that three-quarters of cohabiting couples were unaware of what would happen to their assets if one of them were to die without a Will.
In a significant development, the Government has confirmed plans to consult on cohabitation reform later this year.
Lord Ponsonby of Shulbrede, the minister responsible for family justice, recently told the House of Commons Justice Select Committee that a formal consultation will be launched to “build public consensus on what cohabitation reform should look like”.
While this is a welcome move, any legal changes that emerge from the consultation process are likely to take time, and there is no guarantee that any future reforms will offer the level of protection many couples may expect.
Until any new legislation is introduced, a Will remains the only reliable way for unmarried partners to ensure their wishes are followed and their partner is provided for.
A professionally drafted Will allows you to:
Even in the event of law reform, having a Will in place offers peace of mind and remains the most straightforward way to protect your partner and your family.
If you are in a long-term relationship and do not yet have a Will, it is worth seeking advice now, particularly given the current uncertainty around if and when the law may change.
Contact us today to speak to one of our solicitors who can help you understand your legal position, explore your options, and put a plan in place that reflects your wishes and protects those who matter most.
Head of Wills, Probate and Older Client Services
I joined Mander Hadley’s Wills, Probate and Older Client Services Team in 2018.I specialise in the preparation of Wills, Probate and estate administration, trusts and trust administration and Lasting Powers of Attorney. I also have experience of care fee planning and appeals of Continuing Health Care decisions.
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