Wills and Unmarried Couples


A Will is a "Must Have" for Married Couples


Many of us don't realise that unmarried couples are not recognised in law - there is no such thing as a 'common law' spouse. In recent years, there have been major reports by the Law Commission which recommended giving cohabitants greater rights in the areas of property, intestacy and family provision but the Government has not as yet implemented  these proposals. The major problem is what happens when one of you dies. Under the laws of intestacy, an unmarried partner is entitled to jointly owned assets only. If the couple have children, the estate of the deceased will pass to them when they are 18. If there are no children, the estate will pass to the deceased's closest relatives - parents, brothers, sisters etc. etc. - but never to the surviving partner.

Have a Will written to ensure your partner gets what you want them to have!

This makes it absolutely essential that unmarried couples make wills. A will ensures that your property/assets pass to the people whom you wish to benefit on your death - not some second cousin from the back of beyond that you've never met! As well as dealing with the disposal of your property, you can also use your will to indicate who should be guardian of your children on your death. If you are estranged from the original ‘other parent’ and you haven’t made a provision for Guardianship in your will, should you die your partner is in no way legally guaranteed to be selected as their guardian, especially if another blood relative exists.  Making a will is one of the most important things to do.

Don’t delay, have a will written and held as a live document in our legal storage meaning that you can change it free of charge as time passes or if you realise you’ve forgotten to include something.
Make sure those you care for will be provided for when you die.