When you’re in a committed relationship but not married, it’s easy to assume that your partner would automatically inherit your assets if something were to happen to you. Unfortunately, there is no legal concept of a common-law husband or wife in English law. Here’s why it’s so important for unmarried couples to have a Will in place.
Will My Partner Inherit Anything If We’re Not Married?
The short answer is no. If you die without a Will, the rules of intestacy dictate how your estate will be divided. In the UK, unmarried couples are not recognised under these rules, meaning your partner won’t automatically inherit anything, regardless of how long you’ve been together. Instead, your estate could be passed to your closest blood relatives, leaving your partner with nothing.
Can My Partner Be Left Financially Vulnerable Without a Will?
Yes. If you and your partner share financial responsibilities – like a mortgage or other debts – your partner could be left in a difficult financial situation if you pass away without a Will. By creating a Will, you can ensure your partner receives the necessary financial support and any assets or savings you want them to have.
What Happens to Our Home If One of Us Dies?
It depends on how the property is owned. If you own your home as joint tenants, the surviving partner will automatically inherit the property. However, if you own it as tenants in common, only your share of the property will go into your estate. If there’s no Will, that share might not go to your partner and could be passed to your relatives instead, which could force your partner to sell or move out. Specifying your wishes in a Will protects your partner’s future living arrangements.
Will My Partner Have to Fight for Their Share of My Estate?
Without a Will, there’s a real possibility that disputes could arise between your partner and other family members. Your partner may need to take legal action to claim what they believe is theirs, which can be time-consuming, costly, and stressful. Writing a Will eliminates the uncertainty and ensures your partner receives what you intend them to have.
What Happens to Our Children If We’re Unmarried?
If you have children together, a Will is vital. You can use it to appoint a guardian for your children in the event that both parents pass away. Without a Will, the courts will decide who takes guardianship, which might not align with your preferences. Additionally, intestacy rules may leave your partner without any financial support, as the assets could go directly to your children.
Can I Avoid Inheritance Tax if We’re Not Married?
One of the benefits of being married or in a civil partnership is that you can pass your assets to your spouse tax-free. For unmarried couples, no such tax relief exists. Your partner could be liable for inheritance tax on any assets they receive. However, with a Will, you can take steps to minimise this tax burden, such as setting up trusts or structuring your estate in a tax-efficient way.
Why Should We Make a Will as an Unmarried Couple?
Making a Will is the only way to ensure your partner is financially secure and legally entitled to inherit your estate. Without a Will, your partner could be left vulnerable, especially in cases where assets like property, savings, and sentimental belongings are at stake. A Will gives you peace of mind knowing that your partner’s future is protected, no matter what happens.
Get in touch with our Wills & Probate team on 01142 664 432 or info@smh.group for help with making a Will.
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