Couples in the United Kingdom are increasingly opting to cohabitate rather than marry. “Common law partners,” contrary to popular belief, are not legally recognised in English law. This means that, unlike their married counterparts, unmarried couples do not have automatic inheritance rights. That is why, now more than ever, cohabiting couples must make estate planning arrangements.

A Will is the most straightforward way to provide for your partner if you die. Regardless of how long you’ve been together, if you don’t have a Will, there’s no way to ensure your partner inherits any of your money or property when you die.

If you die without a Will, your assets are distributed according to the rules of intestacy. Unfortunately, these rules do not apply to cohabiting couples, so your partner may lose the family home as well as their source of income (if you financially supported him/her). Your surviving partner may need to apply to the court to claim a share of your estate, and depending on the circumstances of your own family, your partner may find themselves in a difficult legal battle with your own family members and/or children. As you can see, it is critical that you and your partner discuss how you want your assets distributed when you die and hire a specialist solicitor to draught a Will for you both.

Estate planning should take into account a variety of factors, the majority of which are dependent on your individual circumstances, such as whether you own property jointly or separately and whether you have children jointly or separately. These are common scenarios that tend to complicate inheritance issues, so it is critical that you seek professional legal advice to make arrangements that meet your specific needs.

To ensure that your partner is provided for when you die, your Will should include the following provisions:

• Whom your estate will be distributed to;
• Who will be in charge of administering your estate (for example, you may want to appoint your surviving partner as Executor);
• Specific property wishes (for example, you may want your surviving partner to live in the family home);
• Specific financial goals (for example, you may want to leave enough money for your surviving partner to live on);
• Specific desires regarding your personal possessions (eg, you may want to leave your car or other sentimental items to your surviving partner).

When you die, your cohabiting partner is not left heartbroken and empty-handed. Contact MWQ Estate Planning today to have proper Wills drawn up to ensure you are both included in each other’s estates.