The Impact of Unmarried Partners on a Will

It is a common misconception that unmarried partners, after living together for an extended period of time, are treated as legally married or “common law spouses”.  Unfortunately this is not the case and if you are unmarried at the date of your death, your partner will not automatically benefit.

When someone dies without a Will in place, their estate passes under the laws of intestacy which would mean that unmarried partners are bypassed and the deceased’s children would benefit in the first instance.  If there are no such children, the deceased’s estate would pass instead to other family members such as their parents or siblings. 

When a couple have been co-habiting for more than two years, the surviving partner would be eligible to bring a claim for provision under the Inheritance (Provision for Family and Dependants) Act 1975, however there is no guarantee of success and this could still result in them receiving nothing from the deceased’s estate.

Another potential risk of being unmarried and not having a Will in place is that the surviving partner may be forced out of any jointly owned property or property in the sole name of the deceased if a sale is required to realise the deceased’s interest.

It is therefore incredibly important to put a Will in place to protect your partner in the event of your death.

Any Will that you do make can be made in contemplation of marriage, meaning that should you decide to marry in the future, the terms of your Will will stand and not be revoked by such marriage.

Our Private Client Team can assist any queries you may have in relation to making a Will.