In a recent survey conducted by the Office for National Statistics, it was found that the number of cohabiting couple families continues to grow faster than married couples or lone parent families with an increase of 25.8% over the decade between 2008 and 2018.
The number of same-sex couple families has grown by more than 50% since 2015 and in 2018 one in four young adults aged between 20 to 34 years were living with their parents.
As a wills and probate solicitor, I see on a daily basis a vast array of families in very differing circumstances. Often it is not until a loved one passes away or a crisis hits the people consider whether they have adequate protection in place.
For example, many cohabiting couples are unaware that if one of the couple were to pass away the other party does not inherit any of their estate under the rules of intestacy. Without a valid will in place, the surviving partner can be left, potentially homeless and without means of support.
BLOG: What are the Rules of Intestacy?
The Rules of Intestacy can be quite complex to understand, particularly if there are a significant number of beneficiaries. If you are married and have children, only the first £322,000 will pass to your surviving spouse, the remainder will be divided between your children and your spouse. This is particularly important to note that if you are not married, your estate will not pass to your partner, regardless of how long you have been together.
A Blog by Joanne Gibson
I have seen a growing trend and acted in many cases where the surviving partner is having to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 against the estate.
For many parents whose adult children are yet to leave home, it is often difficult for them to weigh in the balance providing a home for that adult child if they were to pass away against their competing desire to treat all children equally. Again, unless proper consideration has been given to this tricky issue when drafting a will, family discord can arise at the worst possible time.
Why Should a Cohabiting Couple have a Will?
For cohabiting couples, having a will in place is crucial to ensure that your partner is protected in the event of your passing. Unlike married couples, cohabiting partners do not automatically inherit from each other under the laws of intestacy. This means that if one partner dies without a valid will, the surviving partner may not have any legal claim to the deceased’s estate, potentially leaving them financially vulnerable and without a home.
A properly drafted will can provide peace of mind, outlining your wishes and ensuring that your partner is included in your estate. It can also help prevent family disputes and lengthy legal battles, which may arise if there is no clear instruction on how assets should be distributed. Whether you want to leave your property to your partner, appoint them as a guardian for any children, or ensure they are provided for, a will is essential in safeguarding your loved one’s future.
What is a Lasting Powers of Attorney?
Another often overlooked part of lifetime planning is Lasting Powers of Attorney. Many clients presume that if they are married they automatically have the right to manage the other person’s property and financial affairs in the event of incapacity.
This is incorrect. A married couple like any unmarried couple do not have any rights to manage the affairs of the other partner, unless they have signed and registered a legal Lasting Power of Attorney. Lasting Powers of Attorney for both Health and Welfare decisions and financial decisions are a crucial part of any family’s lifetime planning and ensure that in the event of sudden loss of capacity the correct legal authority is held so that decisions can be quickly taken for the benefit of the incapable person.
With such diversity in our families, making sure that advice is taken and kept up to date is essential.
Yes, it’s important to have a Will in place, especially if you’re cohabiting. Under UK law, if one partner passes away without a Will, the surviving partner does not automatically inherit any of their estate, even if they have been living together for years. This is different from married couples, where spouses are entitled to inherit under the rules of intestacy. To ensure your partner is provided for, you should have a Will that clearly outlines your wishes.
If you die without a valid Will in the UK, your estate will be distributed according to the rules of intestacy. This means the government decides who inherits your estate based on a set order of priority, and your partner or friends may not inherit anything unless they are formally recognised. For example, if you’re cohabiting, your partner will not inherit under the rules of intestacy unless you specifically name them in a Will. The rules of intestacy can lead to unintended outcomes, which is why having a Will is crucial.
No, unless you have a Lasting Power of Attorney (LPA) in place, your partner will not automatically have the legal right to manage your financial affairs or make healthcare decisions on your behalf if you become incapacitated. In the UK, both financial and health & welfare decisions require a registered LPA, which ensures that your chosen person can act on your behalf if you are unable to make decisions yourself. Without an LPA, your partner may face legal obstacles in managing your affairs, potentially delaying important decisions.
Need help with making a Will?
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