Wills for Unmarried Couples

Leeds Day

Wills for unmarried couples

Unmarried partners living together can be leaving each other unprovided for if they do not make Wills. Many people believe that unmarried couples have similar legal rights to married couples, or consider themselves to be ‘common law’ spouses. However, under current legislation, unmarried couples (whether of the same or different sexes), do not have any automatic legal rights if one of them dies, regardless of the length of time that they have lived together or whether they have children together. As a result, if one party dies without a Will then his or her estate will be divided according to the Intestacy Rules. The Intestacy Rules make no provision for an unmarried partner to receive any share in an estate and the deceased’s estate will instead pass to his or her children, parents, siblings or other relatives. If you own a property (or a share of a property held in joint names) you should consider whether you want your partner to inherit your share of that property, or whether you wish it to pass to somebody else. If you have children, you may wish to provide for those children to benefit from your share in the property, whilst also enabling your partner to continue living in the house rent free until he or she has also died or moved out. Your Will can be prepared to ensure the survivor’s occupation of the property is protected, whilst also making provision for your children in the future. There are a number of difficult situations that can arise when someone has not made a will. The most common occur when: • You are still legally married but separated. If you are separated but not yet divorced from your husband, wife, or civil partner, they will inherit the bulk of your estate.

• You have children and a partner but are not married. If you have children (and are not married, or are divorced) your whole estate will be divided between your children. • You have step-children. All your biological and adopted children are treated equally in the eyes of the law, so they will all inherit from you whether they are from a current or previous relationship. Your partner’s children (unless you have legally adopted them) will not inherit from you, no matter how much you think of them as

“yours”. • You have not appointed a guardian. If you have children under the age of 18, and are the only person with Parental Responsibility for them, you need to appoint a guardian. If you don’t do this, it will be very hard for people to know what you wanted to happen. Your family and friends may not see eye to eye over what to do and your children could end up being raised by someone you wouldn’t have chosen. • You have a property and mortgage together with your partner. You and your partner are jointly and severally liable for the mortgage. If you haven’t made a Will your partner will have to pay the mortgage but your share in the property may pass to your nearest living relatives. If you want to protect your partner from having to find a new home after your death you need to make a Will. It can often be helpful to discuss the issues relevant to each individual, in order to establish the best way to make provision for all concerned. We can advise you in an appropriate and practical manner and ensure that your wishes are recorded in your Will.

Please contact us on 0844 567 2222 by email at wills@leedsday.co.uk or visit our website www.leedsday.co.uk if you would like to discuss your requirements.

Huntingdon Godwin House, George Street, Huntingdon, PE29 3BD T: 01480 454301 St. Ives 11 Station Road, St. Ives, Cambridgeshire PE27 5BH T: 01480 464600 St. Neots Xenus House, Sandpiper Court, Eaton Socon, St. Neots PE19 8EP T: 01480 474661