If you live with your partner but are not married or in a civil partnership, making a Will is especially important.
In England and Wales, unmarried partners do not automatically inherit under the rules of intestacy. This can be true even if you have lived together for many years, share a home, or have children together.
A Will lets you set out what should happen to your money, property, possessions, and personal wishes if you die.
Creating a Will or Advance Decision is free with By The Willow. We believe everyone should be able to put these important documents in place without cost being a barrier.
If your partner dies without a valid Will, the law decides who inherits their estate.
If they had children, their estate may pass to their children. If one of those children has already died, that child's children may inherit their parent's share.
If they had no children, the estate may pass to other relatives in a set order, such as parents, siblings, half-siblings, grandparents, aunts and uncles, or cousins.
An unmarried partner is not included in that automatic inheritance order.
If your unmarried partner dies without children and without a Will, their estate will usually pass to close relatives in order of priority.
This may include:
◆ Parents
◆ Brothers and sisters
◆ Half brothers and half sisters
◆ Grandparents
◆ Aunts and uncles
◆ Children of aunts and uncles, such as cousins
This can be very different from what the couple expected, especially where they shared a home or finances.
What happens to the home depends on who owns it and how it is owned.
If your partner owns the property in their sole name and dies without leaving it to you in a Will, you may have no automatic right to inherit it. Depending on who does inherit, you could face uncertainty about whether you can continue living there.
If you own the property together, the type of ownership matters.
If you own the property as joint tenants, the property usually passes automatically to the surviving owner when one of you dies.
This means you cannot leave your share of that property to someone else in your Will while the joint tenancy continues.
If you own the property as tenants in common, each person owns a defined share.
Your share does not automatically pass to the other owner when you die. It passes under your Will, or under the intestacy rules if there is no valid Will.
This can be useful where you want to protect a partner while also making provision for children from a previous relationship.
If you have a joint mortgage, the surviving borrower will usually remain responsible for the mortgage payments.
This can create financial pressure, especially if the household relied on both incomes.
A Will can help by making clear what should happen to savings, insurance proceeds, property, and other assets. Some couples also use life insurance designed to help pay off the mortgage or support the surviving partner.
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Unmarried partners may be able to make a claim against an estate in some circumstances, especially if they were financially dependent on the person who died or had lived together as a couple for at least two years.
However, making a claim is very different from automatically inheriting. It can take time, cost money, and may lead to disagreement with the people who inherit under the Will or intestacy rules.
Making a clear Will is usually a simpler and kinder way to provide for an unmarried partner.
A Will can help unmarried couples:
◆ Leave property, savings, and personal possessions to each other
◆ Name each other as executors
◆ Name guardians for children where appropriate
◆ Record funeral wishes and personal messages
◆ Make provision for children from previous relationships
◆ Reduce the risk of uncertainty, delay, and disputes
Each partner should usually make their own Will. Even if your wishes are similar, each Will should clearly reflect the person making it.
With By The Willow, creating a Will is free. You can work through your wishes online, then print, sign, and witness the document correctly.
If your circumstances change, such as moving home, having children, separating, or changing how property is owned, your Will should be reviewed.
◆ Unmarried partners do not automatically inherit under intestacy rules in England and Wales
◆ The term "common law marriage" does not give the same rights as marriage or civil partnership
◆ How a shared home passes depends on whether it is owned as joint tenants or tenants in common
◆ A Will can help unmarried couples protect each other and reduce uncertainty
◆ Creating a Will is free with By The Willow
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By The Willow™, a trading name of LCR Group Holdings, provides access to self-service legal forms and information. By The Willow™ is not a law firm and does not provide legal advice. It is not a substitute for a qualified attorney’s advice.
