One quarter of all couples are cohabiting (not in  a marriage or a civil partnership) according to a recent study by the Office of National Statistics and, coupled with the statistic that only 35% of UK adults have made a Will, is unfortunately creating conflict and financial difficulties upon death of a partner.

Who can inherit if there is no Will?

If there is no Will, then the rules of intestacy will ultimately determine how the deceased’s assets are distributed. Often the surviving cohabiting partner had envisaged they would automatically receive all or a share of the estate which is unfortunately not the case. Under the intestacy rules, there is no provision that entitles a surviving cohabiting partner to inherit anything from their deceased partner’s estate. This is regardless of the length of time that the couple were cohobating together or even if they were engaged to be married.

The only situation in which the surviving partner would inherit any of their deceased’s partner’s assets, where there is no Will, is if they owned property together as joint tenants or they were nominated as being the receiving beneficiary under any insurance policies or pension which the deceased held.

This can ultimately result in a great deal of financial difficulty or conflict with those who do inherit the estate incurring legal costs and stress. This might be conflict with the parents of the deceased, their siblings or even, where the cohabiting partners had a child together, their own children.  The surviving partner would have to make a claim under the Inheritance (Provision for Family and Dependents) Act 1975 (“the Act”) if they met the qualifying criteria to seek reasonable financial provision from the estate unless adult beneficiaries agreed to a resolution.  Even if successful through the Court, the Court has discretion over what to award the partner.

Solution

As with any supportive relationship of love and trust, making a Will is a simple step that can ensure that your cohabiting partner are protected if the worst happened. Unfortunately, no guarantee can be made that we will all pass away later in life and so it is essential that a Will is prepared in case of accident or illness to ensure peace of mind for both of you that the correct provisions ad protections are in place.

Making a Will is easier and quicker than you may think, and the first step is to contact your local Clark Willis Solicitors office to arrange a conversation with our trusted Will writing solicitors. We can provide advice face to face, via video call or remotely via email to make it as convenient as possible for you to write a Will.