The importance of creating a Will as an unmarried couple
Written by Kearney Coffin | Wills, Trusts, Tax and Probate team |20 September 2023
With marriage rates dropping to the lowest levels on record, society is seeing more couples than ever residing together, sharing assets, building a life together, but not taking the traditional step of marrying or entering a civil partnership.
Whilst this decision may not impact your daily living, it makes a huge legal difference to your circumstances and in particular what will happen to your assets when you die.
Under the current laws, if you die without preparing a Will, a spouse or civil partner will automatically be provided with some, if not all of your estate. However if you are not married or in a civil partnership, your partner regardless of how long you have been in a relationship or lived together, will not be provided with any inheritance from you at all.
This could leave your partner in the awkward and sometimes, very contentious position where they have no option but request your relatives consider making them a gift from your estate or at worst, be forced to bring a claim against your estate. This would cause delays, costs and tension for all involved.
It is vital if you wish for your partner to inherit from your estate when you die, that you put in place a Will. A Will is a legal document which formally records who should inherit from your estate when you die. You could choose to leave some, or all, of your estate to your partner, or even leave them a right to occupy your property but keep the property protected for your relatives when your partner dies themselves.
If you are in an unmarried couple, you may also want to consider:
Lasting Powers of Attorney
Cohabitation Agreement
Declaration of Trust for Property
Nash & Co Solicitors are happy to help with preparing your Will and getting the right documents in place for your circumstances. If you would like to find out more, please call our expert Wills, Trusts, Tax and Probate team on 01752 827067 or email wills@nash.co.uk.
