Do Unmarried Couples Need a Will?

In short, Yes! But the question is why?

Many unmarried couples in England and Wales mistakenly believe living together for a long time creates legal rights similar to marriage. However, without a Will, cohabiting partners have no automatic inheritance rights.

If you pass away without a Will, your estate will be distributed under the rules of intestacy – which do not recognise unmarried partners. This can lead to serious financial and emotional difficulties for the surviving partner.

What Happens if a Cohabiting Partner Dies Without a Will?

If you die without a Will, your estate is distributed according to intestacy rules. These rules prioritise married spouses, civil partners, and biological family members. This means:

Your partner may not inherit anything, regardless of how long you’ve lived together.
Your assets could be passed to estranged relatives instead of those you shared your life with.
Your home may have to be sold if it is not jointly owned.
If you have children, they may inherit the entire estate, leaving your partner financially vulnerable.

Real-world Examples of the Risks of Not Making a Will

Example 1: Loss of the family home

Emma and Tom lived together for 15 years in a house owned by Tom. When Tom unexpectedly passed away without a Will, his estate – including the house – went to his brother under intestacy rules. Emma had no legal right to remain in the home and had to move out despite contributing to mortgage payments for years.

Example 2: Disputes over financial assets

Ben and Lisa were in a long-term relationship and shared a joint savings account. When Ben passed away without a Will, his share of the savings automatically became part of his estate. Under intestacy rules, his estranged mother inherited his assets, leaving Lisa without access to the funds they had built together.

How a Will Protects Cohabiting Couples

Creating a Will allows you to:

Ensure your partner inherits assets, including property and savings.
Protect your children’s financial future while still providing for your partner.
Avoid lengthy legal disputes and unnecessary distress for your loved ones.

At April King Legal, we specialise in creating bespoke Wills that protect cohabiting partners and their families. Our expert advisors help you plan effectively and ensure that your wishes are respected.

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Disclaimer
The information provided in this article is for general informational purposes only and does not constitute legal, financial, or professional advice. No responsibility is accepted for any action taken or not taken based on the content of this article. Readers should seek appropriate professional advice tailored to their circumstances before making decisions. April King Legal will not be held liable for any loss or damage arising from reliance on this information.