Unmarried partners: why making a will is essential to secure your rights and your partner’s future

• Unmarried partners lack automatic legal rights after a partner’s death
• Without a will, surviving partners may inherit nothing under intestacy laws
• A clear will can ensure an unmarried partner inherits assets and makes funeral decisions
• Additional legal tools like cohabitation agreements and joint tenancy can provide extra protection
• Consulting a legal expert helps create a will that fully safeguards unmarried partners’ rights

In recent decades, the landscape of relationships has evolved significantly.

More couples are choosing to live together without marrying, forming committed partnerships that resemble marriage in all but legal status.

But when it comes to rights after a partner’s death, unmarried partners often find themselves vulnerable, with little automatic legal protection.

This makes creating a clear, legally binding will an essential step for safeguarding the rights of unmarried partners.

Making a will is not just a legal formality, it is an act of care and foresight. For unmarried partners, it provides peace of mind, knowing that their loved one will be protected and their legacy preserved.

It also spares the surviving partner and family members from painful legal conflicts during a difficult time. By clarifying intentions and providing clear instructions, a will can help ensure that love and commitment are honoured beyond death.

Why unmarried partners are legally vulnerable

Unmarried partnerships, sometimes called cohabiting relationships, have become increasingly common. According to government data, millions of couples in the UK live together without formalising their relationship through marriage or civil partnership.

These couples share homes, finances, and responsibilities but do not receive the legal benefits automatically granted to married couples or civil partners.

Despite the emotional commitment, the law treats unmarried partners differently, particularly in areas such as inheritance, property rights, and next-of-kin status. This disparity becomes starkly evident in the event of one partner’s death.

Without a will, the estate of a deceased person is distributed according to intestacy rules, the legal default set out by the Government.

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These rules prioritise spouses, civil partners, children, and certain blood relatives, but do not automatically recognise unmarried partners.

This means that if a person dies without a will (known as dying intestate), their unmarried partner might receive nothing, regardless of the length or nature of the relationship.

Even if the couple shared a home, joint bank accounts, or children, the surviving partner may be left without inheritance rights or a legal claim on the property.

In practical terms, this vulnerability can have devastating effects, including:

• Losing the family home if it was owned solely by the deceased partner.
• Losing access to shared savings or investments.
• Being excluded from making important funeral or medical decisions.
• Emotional distress and legal battles in probate court.

How a will can protect your partner

A will is the most effective tool for unmarried partners to protect their rights and ensure that their partner is cared for after death. It is a legally binding document that clearly states how a person’s assets and property should be distributed.

By making a will, an individual can:

• Name their unmarried partner as a beneficiary, ensuring they inherit property, money, or possessions.
• Specify funeral arrangements and grant the partner the authority to make decisions about the funeral.
• Set up trusts or provide for dependents, including any children the couple might have.
• Avoid disputes among family members by clearly expressing wishes and intentions.

Without a will, the law offers no guarantee that the surviving partner will receive anything, no matter how long the relationship lasted or how intertwined their lives were.

What should a will include for an unmarried partner?

To adequately protect an unmarried partner, a will should be detailed and precise. Here are some key elements to consider:

• Clear identification of the partner: The will should name the partner explicitly to avoid confusion with other beneficiaries.
• Specific gifts or shares of the estate: The will can allocate specific assets, such as the family home, savings accounts, or personal belongings.
• Provision for jointly owned property: If the couple owns property jointly as “tenants in common,” the will can help pass on the deceased’s share to the partner.
• Contingency plans: The will should state what happens if the partner predeceases the testator or if certain conditions aren’t met.
• Appointment of executors and guardians: If the couple has children, appointing guardians and executors can ensure their care aligns with the couple’s wishes.

Additional steps

While a will is crucial, unmarried partners can consider other legal arrangements to bolster their protections:

• Cohabitation agreements: These formal contracts set out financial and property arrangements during the relationship and can clarify rights in the event of separation or death.
• Joint tenancy: Owning property as joint tenants means the survivor automatically inherits the deceased’s share of the property.
• Life insurance policies: Naming the partner as a beneficiary ensures financial support.
• Powers of Attorney: Granting authority to the partner to make decisions in case of incapacity.

Seek professional advice

Creating a valid and effective will can be complex, especially when it involves protecting unmarried partners and potentially complicated assets. Consulting a solicitor or estate planning expert can help couples:

• Understand their legal rights and options.
• Draft a will that reflects their wishes.
• Avoid common pitfalls that could invalidate a will or cause disputes.
• Explore tax implications and strategies to minimise inheritance tax.

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