Cohabiting couples: the importance of making a will

For those that have prepared a will, their family can be assured that their loved one’s wishes will be met, and their affairs will be put in order.

However, for the many that haven’t prepared a will, those families or loved ones are left with the intestacy laws stipulating what happens to their loved one’s estate after their death.

For cohabitees or partners, this can cause real problems and difficulties because the intestacy laws do not provide for cohabitees or partners in any way, regardless of the length of the cohabitation or the partnership.

Common law marriage

The myth about the ‘common law marriage’ and each of the partners being provided for on death is just that – a myth.

Cohabiting with your partner is now more common than ever and is often the route chosen by couples, over a traditional marriage or civil partnership. More and more children are growing up in unmarried families and blended families are more prevalent than ever before.

Unfortunately, the law in this area is yet to catch up with modern society, particularly so in relation to succession on death.

Regardless of how long you and your partner have been together, if you don’t leave a will providing for each other on death then your partner will not inherit the estate you leave behind and, as such, may not benefit from any pension benefits or life assurance policy payments as a result.

If the property that you shared together is held in your late partner’s sole name, or indeed if you co-owned a property as tenants in common, then you may find that you are at risk of having to sell your property to satisfy the rights of the children or family members that are entitled to inherit, based on intestacy laws. At a time of bereavement and grief for the loss of your loved one, attempting to deal with this situation would be extremely difficult.

Furthermore, cohabiting partners are not assured the same level of protection in relation to inheritance tax, which can result in a considerable tax bill payable if your estate is large enough.

Cohabitation Rights Bill

Whilst the Cohabitation Rights Bill – which hopes to provide more protection for cohabiting couples – is proposed, change is not imminent, and progress is slow.

Whilst marriage or civil partnerships provide legal protection for spouses and civil partners, regardless of your situation, we would strongly advocate the need for all couples to make a will, regardless of whether they have children or not, and irrespective of their personal circumstances.

Why is a will so important?

If you are a couple, cohabiting or not, and you want to protect each other if one of you passes, making a will and putting your wishes down in writing is paramount.

It’s never too early to make a will and we would always recommend seeking the advice of a suitably qualified lawyer to assist. That way you have peace of mind that all will be well should the worse occur.