The law doesn’t provide for unmarried couples! Without a Will, all sorts of problems can arise if you have a partner but aren’t married. Jane explains why ….
We see lots of couples who choose not to marry or become civil partners. So many of them really don’t realise how the laws around Wills affect them. Here are just a few things to consider.
If you don’t have a Will then the law, not you, decides who gets what if you die. The laws of intestacy are applied, and for many people that isn’t what you’d expect or want! Because, let’s face it, the law favours married couples (or those in a civil partnership) and doesn’t reflect modern life.
The chart above shows where your estate will go without a Will. Take a close look at it, and you will see that your partner does not have any rights at all!
Do you own property?
Then intestacy doesn’t provide for unmarried couples who live together. Depending on how you purchased the property, it may or MAY NOT go to your partner. Without a Will, intestacy laws could mean your share goes to your family, and that could have major consequences for your partner. In some cases, meaning they even have to move out of the home altogether!
Do you have accounts in your own name?
Intestacy doesn’t allow for your partner to have any right to administer your estate. And that means that without a Will, they can’t access your financial information for anything you hold in just your name. Even small accounts which could normally be closed quickly and simply. It would have to be done by someone else in your family.
Do you want your estate to go to your partner?
Unmarried partners have no automatic right to inherit from you. The status of being a “common-law husband” or “common law wife” is a myth! Unless you are married, you have no right to anything of your partner’s.
Partners CAN make a claim against your estate. But it is messy, costly, emotional and has to be done in quite a short timeframe. But without a Will, this may be their only option. Your partner may even have to make a claim against your own family, or even their own children. Imagine that!
Do you hold life insurance / death in service benefits or pensions?
While these aren’t things that pass in your Will, you should make sure your “Expression of Wishes” forms are up to date. Many of these schemes excluded unmarried partners unless the forms clearly state that your partner can benefit.
Without express wishes, the scheme trustees may make payments to your family and not to your partner.
Do you have children?
Without a Will, social services or the courts will decide who looks after them if you and your partner are no longer around. That may not be the people you’d expect, or want, to lo be the legal Guardians for them. And this also applies to the children of married couples.
Without a Will, your estate will pass directly to your children and not to your unmarried partner. Your children may now own a large amount of money, and they cannot pass any to your partner to assist them. That’s because it will be held in trust for their exclusive use later. Your adult children, perhaps from your first relationship, have no duty to make sure your partner is looked after.
What if you have no children?
Your estate will all go to your family (parents, then siblings, then nieces and nephews etc etc … all the way down the line. And your partner may be left having to make a claim against them to be able to benefit.
What about sorting out your estate?
Without a Will, your unmarried partner has no legal authority to do this. They can’t access information, apply for probate, sell or call in your assets. They don’t even have the authority to arrange your funeral. And for some families, that can mean arguments and upset. All of which is unnecessary
Let us help!
If you want to prevent uncertainty, upset or arguments, please do make a Will. It really is the only way to protect your partner and your loved ones. It’s the kindest thing you can do ….
Without a Will, it’s a nightmare. With a Will, you have peace of mind.
Start by asking us for more information. You can call us on 01524 571032, or ask for our “Wills for Cohabiting Couples” factsheet by clicking HERE.