Which Will for Cohabiting Couple?
If you are a cohabiting couple and not married to your partner (or have not formed a civil partnership) and you die before you make a will, your partner will NOT automatically inherit anything from you. It doesn’t matter how long you were together. It doesn’t matter how committed you were.
Instead, the law dictates that everything will go to your nearest blood relative, regardless of your wishes. In fact, if you don’t leave a Will, the Crown is more likely to automatically inherit from you than your partner!
The myth of “Common Law Marriage”
One in six couples in Britain live together without getting married.
Many are in long term relationships and might describe their other half as a partner or a common-law husband or wife.
The term “Common Law husband or wife” was abolished under the Marriage Act of 1753!
Legally there is no such thing as a common law relationship.
Many couples are living in blissful ignorance of how few rights they have over property, inheritance and children, when a partner dies.
The Solution is simple
Writing a Will and including your partner as a beneficiary can avoid all the upset and distress associated with dying intestate when co-habiting. It is also advisable to put powers of attorney into place to ensure that you can make decisions on each others behalf if either of you lose capacity.
We can guide you through the options available, including tax efficiency, various types of trusts to help you protect your children and tenancies that can protect your loved ones after your death. A will could save your loved ones thousands of pounds in court costs to claim what you would have wanted them to have anyway.