Cohabiting Couples – How is your partner protected on your death?

Did you know cohabiting couples have increased by 144% since 1996? Wilson Browne solicitors explains the crucial differences in inheritance rights compared to married couples, highlighting the importance of making a Will to protect your estate.

According to the latest Census Data from the Office for National Statistics, the number of couples living together, without being married, or in a civil partnership has increased by 144% between 1996 and 2021. Whilst the next Census is not scheduled until 2031, it estimates that cohabiting couples/families accounted for 18% of all families in 2023. Couples who have been living together for a certain number of years often believe, that they would have the same rights as a couple who are married or in a civil partnership.

So, what rights do you have if you have been cohabiting and your partner sadly dies? Unfortunately, cohabiting couples do not automatically inherit their partners Estate. This means that if you die and you have not made a Will then your Estate will be distributed in accordance with the Intestacy Rules. These Rules do not make any provision for unmarried partners. An example of this would be that, if you are not married, or in a civil partnership, do not have any children and your parents have predeceased you, then your Estate would be divided equally between your siblings.

If you die without leaving a Will, then your property, hard earned savings and other assets could pass to people, who you may not like or potentially not even know. Whilst cohabiting partners (who have lived together for at least two years prior to death) can bring a claim against their partners Estate under the Inheritance (Provision for Family and Dependants) Act 1975, it can be expensive and take a long time in an already stressful situation. If the court makes financial provision for your partner it is decided on a case-by-case basis and there is no guarantee that such a claim would be successful.

The only way to ensure that your Estate goes to the right people, is to make a Will. Legal Professionals have a wealth of experience and training and will not only prepare a Will that suits your needs and wishes, but also consider other important factors in your life, which may require specialist advice. Other complicating factors may occur if you are a cohabiting couple with children from a previous marriage, so further protection and consideration will need to be made.

Our Private Client Team at Wilson Browne Solicitors can advise you on all issues that are relevant to you and will help you prepare a Will, so that you have peace of mind knowing that your Estate will pass in accordance with your wishes.

For simplified advice and clear guidance on your Will, contact our team at 0800 088 6004.
Visit www.wilsonbrowne.co.uk or scan the code to complete our online contact form.