Will Myth: Will My Partner Automatically Inherit Everything?

Will your partner automatically inherit everything if you die?

This is one of the most common misconceptions I hear when speaking to unmarried couples.

Many people assume that living together for several years—or even sharing a home, children and finances—gives them the same inheritance rights as a married couple or civil partners. However, under the current intestacy rules in England and Wales, an unmarried partner does not automatically inherit when their partner dies without a valid Will.

Although the Government is currently consulting on proposals to strengthen inheritance rights for cohabiting partners, those proposed changes are not yet law.

Living together does not automatically create inheritance rights

There is no legal status of “common-law husband” or “common-law wife” that automatically gives an unmarried partner the same inheritance rights as a spouse or civil partner.

Without a valid Will, your estate is distributed according to the intestacy rules. Depending on your circumstances, this could mean that your money, property and possessions pass to children, parents, siblings or other relatives rather than to your partner.

An unmarried partner may sometimes be able to make a claim against the estate, but this can involve additional expense, uncertainty and stress at an already difficult time.

How can a Will help protect your partner?

A properly prepared Will allows you to clearly record:

  • Who you would like to inherit your money, property and belongings
  • How you would like your estate to be divided
  • Who should deal with your estate
  • Any particular gifts or wishes you would like included
  • Arrangements you would like considered for children or other dependants

Government guidance specifically recommends getting professional advice where you share property with someone who is not your spouse or civil partner.

Will-writing services in Rochdale and surrounding areas

At Wills & Wishes Legal, I provide friendly, straightforward Will-writing services for individuals, couples and families across Rochdale, Norden, Bamford, Littleborough, Heywood, Castleton, Shawclough, Newhey and surrounding areas.

Appointments are explained in plain English, with home visits available, so you can discuss your wishes in a comfortable and relaxed setting.

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Do not leave your partner’s future to assumption.

Visit www.willsandwisheslegal.co.uk to learn more about making or updating your Will.

To arrange a friendly Will-writing appointment in Rochdale or the surrounding areas, contact Fiona Daly:

Telephone: 07799 213721
Website: www.willsandwisheslegal.co.uk