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Read more articles in: Blog, Lauren Richardson-Kellam, Private Client
Plenty of couples build a life together without ever marrying. You might have shared a home for years, raised children, pooled your money and settled into a routine that feels every bit as committed as marriage.
It is easy to assume that this alone will protect your partner if something happens to you. However, unfortunately, the law does not make that same assumption.
In England and Wales, only married couples and civil partners have automatic inheritance rights.
Cohabiting partners are not included, so without a Will, the person you live with may end up with nothing at all, even if you always intended otherwise.
If someone dies without a Will, their estate is dealt with under the intestacy rules. These rules follow a fixed order and a spouse or civil partner is first in line.
If you are not married or in a civil partnership, the estate moves down the list to children, then parents, then siblings and so on.
In some cases, the estate passes to relatives you barely know or have no relationship with.
A long-term partner does not appear anywhere on that list. Length of relationship, shared bills, joint responsibilities, even having children together, make no difference.
Many people find this hard to believe until they see the rules set out in black and white.
If the property both partners live in is only in one person’s name, and that person then dies, the surviving partner could potentially be left with nowhere to live if there is no Will in place.
Even if they have lived there for years or helped pay the mortgage, the house will form part of your estate and pass according to the intestacy rules.
Should the new legal owners of the property choose to sell or move in themselves, the partner could be required to move out.
Adding your desire to have them inherit the property in your Will or having other legal arrangements (such as putting the property in joint names or using trusts) is the only way to protect the surviving partner’s right to live there.
Where children are involved, a Will serves another important purpose. It lets you choose who would look after them if the worst happened.
Parental responsibility usually falls to the surviving parent, although there are exceptions. For example, the surviving parent might not have parental responsibility or may not be in a position to care for the child.
If both parents die, the court makes the decision and it might choose someone you would never have picked yourself.
Setting out your wishes in a Will avoids uncertainty and gives everyone involved a clear plan.
A Will allows you to provide for your partner, protect any children or dependants and reduce the chances of disagreements after your death.
Without one, your estate is left to follow strict rules that may not reflect your personal wishes.
If you have been putting it off because you thought it was unnecessary, it might be time to revisit the idea.
A short conversation with a solicitor can save your partner and your family a great deal of stress later on.
Our Wills and Probate team can help you draft a Will that clearly outlines how you would like to distribute your assets after your death. Get in touch today.
Paralegal – Wills and Powers of Attorney
My legal career started in 2011 as a legal secretary. Over the years I have gained a great deal of insight in many areas of law, especially in relation to Private Client work.
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