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What are the most common myths and understandings about inheritance rights for cohabiting couples?

Cohabiting couples are becoming more common, with many partners choosing to live together without getting married or entering into a civil partnership.

However, despite the growing number of cohabiting couples, there are still widespread misconceptions about their legal rights, particularly when it comes to inheritance.

A new survey conducted by charity Will writing scheme Will Aid has revealed a gap in public understanding about inheritance laws affecting cohabiting couples.

The survey found almost 70 per cent of cohabiting couples across the UK are unaware of the fact that if one partner dies without having made a Will, which is called dying intestate, the other will not necessarily inherit the deceased’s estate.

According to the poll, 32 per cent believed their estate would automatically pass to their partner, while 17 per cent were unsure what would happen.

More worrying in many respects is that more than 10 per cent admitted to never having thought about the issue at all.

If we live together long enough, won’t my partner inherit everything automatically?

This is one of the most common myths among cohabiting couples.

Many believe that after living together for a certain number of years, they will be treated as though they were married in the eyes of the law.

Unfortunately, UK law does not recognise the concept of a common-law marriage, no matter how long you have been together.

If a cohabiting partner dies intestate, the surviving partner has no automatic right to inherit any part of their estate.

Instead, the estate will be distributed according to the intestacy rules, which prioritise blood relatives, starting with children, parents, and siblings.

Even if you have been together for decades, without a Will, your surviving partner could be left with nothing.

Won’t joint assets protect me if my partner dies?

Joint bank accounts and jointly owned property are indeed treated differently in probate, but there is still a risk for cohabiting couples.

There are two types of property ownership in the UK: joint tenants and tenants in common.

If the property is owned as joint tenants, the surviving partner will automatically inherit the deceased’s share of the property.

However, if the property is owned as tenants in common, the deceased’s share forms part of their estate and will be distributed according to the intestacy rules.

This means their share could go to their children, parents, or siblings, leaving the surviving partner with uncertainty or even eviction.

It is important to know how you hold joint assets and to ensure that your wishes are clearly reflected in a legally valid Will.

We have children together, won’t they secure our inheritance rights?

While having children together may give cohabiting couples a sense of security, it doesn’t guarantee any inheritance rights for the surviving partner.

Under intestacy rules, if a partner dies without a Will, their estate will be distributed to their children, not their surviving partner.

Without a valid Will, the entire estate could go to the children, potentially leaving the surviving partner without financial support or access to assets like the family home.

If we are not married, does probate still apply?

Yes, probate is still required whether or not you are married.

When a cohabiting partner dies intestate, probate is necessary to settle the estate and distribute assets according to intestacy laws.

This process can be complicated and costly, especially if the surviving partner is left out of the estate.

In some cases, a surviving cohabiting partner may need to apply to the court under the Inheritance (Provision for Family and Dependants) Act 1975 to claim financial provision from the estate.

This can be a lengthy, stressful process, with no guaranteed outcome.

Do we have enough assets to even worry about making a Will?

Many cohabiting couples think that Wills are only important for those with a large amount of wealth.

However, anyone with assets should have a Will in place to ensure their estate is distributed according to their wishes.

Even a modest estate can cause disputes or lead to unintended consequences under intestacy laws, leaving the surviving partner financially vulnerable.

A Will can provide peace of mind that your estate will be handled in line with your intentions, regardless of its size.

What is the reality for cohabiting couples?

The bottom line is that the law does not provide automatic inheritance rights for cohabiting couples, and without a Will, the surviving partner could be left with nothing.

A Will is the only way to ensure that your partner and loved ones are protected and that your estate is passed on according to your wishes.

Taking the time to make a Will now can prevent future uncertainty and heartache, ensuring that your estate is managed in the way you intend.

Contact us today to discuss making a Will and securing your estate for the future.