Unmarried Couple

Unmarried Couple

An unmarried partner do not have similar inheritance rights to those of a wife/husband/civil partner and this is a common misconception, should their partner die intestate (without leaving a Will). This is not the case and the death of a partner may leave the survivor with nothing even if they have been together for years.

When someone dies without leaving a Will, there are legal rules (the intestacy rules) which decide who benefits from their estate. Any husband/wife/civil partner is the main beneficiary, followed by children, parents and siblings. Cohabiting partners are not included in these rules, neither are any children of the cohabiting partner from a previous relationship, even though they may have been brought up as the deceased’s own children.

It is estimated that up to two-thirds of all adults do not have a Will. It is likely that a high proportion of these are cohabiting couples, which are the very people whose security may depend on having Wills in place. You may be cohabiting following divorce and be disinclined to tie the knot again after your first experience. You may have children from an earlier marriage or relationship and maintenance obligations to a former spouse. No matter how complicated your relationships, it is important that you protect your partner by making a Will.

Making a Will to benefit your partner will not prevent other dependents (eg children) from making a claim against your estate (as mentioned below) if they feel they have not been adequately provided for. However, the Will stands as evidence that your partner’s financial security is your main priority and shifts the onus of making and succeeding in a claim away from your partner and onto others.

If you’d like to find out more please contact a consultant, who will be happy to help, on 01604 8073598.

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