“We Live Together, So We’re Protected” - The Truth About Wills and Unmarried Partners
It makes sense that you would think if you lived together, then your futures are protected, even if you are not married. With more and more people living together without getting married, and with this being a great choice for personal and lifestyle preferences for a number of reasons, it make sense that you would not realise that laws around inheritance are not quite reflective of this modern life.
Having your partner die without a will can mean that you have an emotional and financial impact on your life. The law, here in the UK, does not recognise that cohabiting partners, even those who have been together for a long time, are not recognised in the same way as those who are married or who are in a civil partnership.
To really understand the true impact of this, it is best to take a more personal look at what can happen between unmarried partners and wills.
Jon and Alice
Jon and Alice have been in a relationship for over 15 years and are both in their 40. They live together, they share bills, and they support one another just like any other couple would. They have every intention of spending their lives together, however, for them, marriage was not necessary. This is a decision that they made together and carefully thought about it, it was not one that they made carelessly. Jon owned the house that they lived in together, and along with this he had several accounts within which he invested money. Alice paid her share towards all the household expenses and everyday bills; however, she had no legal ownership of the property. Jon assumed that he was far too young to think about his will and his estate in the long term. Figuring that there was plenty of time to think about that in the future. However, without any warning, Jon died. Jon had not made a will and because of this the estate that he owned was then distributed under the rules of intestacy. These laws do not recognise or acknowledge unmarried partners as beneficiaries when someone dies. The only legal heir to Jon’s estate was his daughter Marie, who was from a previous relationship. Marie and Alice did not get along and when Jon died, Marie inherited everything that Jon and Alice had worked so hard to build together. This included the house, the investments that Jon had made, and also all of his personal belongings. Whilst Alice was trying to navigate life with the grief of losing the love of her life, she also then was faced with the loss of her home.
The legal reality of unmarried partners and wills
It may seem like this story is something that wouldn’t happen very often in our lives, but the truth is that it happens far more often than you may realise. But the good news is that it can be prevented with proper planning and understanding of the law.
The concept of common law spouse is one that persists in popular modern culture, but it is important to know that it holds absolutely no legal weight in England and Wales.
By law, unmarried partners and wills mean that there is no automatic rights to inherit from one another, no matter how long you have been together as a couple.
Under the rules of intestacy and someone dying without a valid will the following will happen:
Your estate will be distributed to the closest living relation that you have. This is your civil partner or spouse, then your children, then your parents and your siblings.
If you are not married to your partner, then they are not included in this list.
Children, even if they are estranged and no longer a part of your life, will take priority ahead of your long-term partner.
If there are no close relatives, then your estate will be most likely to pass to distant relatives, or even to the Crown (the Government).
For Alice, there was a huge consequence on her life. More than just losing her partner, she lost her future plans and everything she had worked for and created with Jon.
What is the solution?
The good news is that there is a simple and effective way to ensure that your partner is protected. This is to make a legally valid will.
Having a will in place means that you can specify exactly who you want to inherit your estate when you die. It can also help ensure that your partner can continue to live in your home or receive financial support in the future, depending on your wishes.
A will can also help reduce the risk of disputes that your partner may otherwise have to face if you die without one, giving them greater peace of mind and the space they need to grieve.
Want to make sure you have the right will in place? Our expert guidance can help ensure that, whatever your circumstances may be, your wishes are clearly set out and your loved ones are protected, even when you are no longer here.
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