Attitudes to marriage and civil partnership have shifted over recent years. Marriage rates decline, while more couples are choosing to live together without marrying or entering into a civil partnership.
Some families are blended with children from previous relationships. Other families have shared property and there are those with increasingly complex financial arrangements.
For many unmarried couples, there is a misconception that being in a long-term relationship creates legal protection similar to marriage, or the idea of the “common law husband” or “common law wife”. However, when it comes to inheritance, no such legal status exists.
It is important to encourage open conversations not only about wills, but about understanding the legal and financial consequences that can arise when someone dies without proper planning in place. To start the conversation with one of our team, call us on 0800 988 7756.
| The Risks for Unmarried Couples
Where someone dies without a will, their estate passes in accordance with the Rules of Intestacy. These rules are strict and can often produce outcomes that families neither expect nor want.
This can become particularly problematic for unmarried couples. For example, many couples who are unmarried own property together as tenants in common, rather than beneficial joint tenants. Unlike joint tenancy, where the deceased’s share automatically passes to the surviving owner under the rule of survivorship, a tenant in common’s share forms part of their estate on death. If there is no will in place, that share will pass under the intestacy rules.
This can lead to difficult and unexpected consequences. A separated spouse may still inherit. Minor children may become entitled to assets that must then be held in trust until adulthood. Estranged family members, including children or even parents, may inherit instead of the surviving partner.
At an already emotional and distressing time, families can therefore find themselves facing uncertainty, additional legal costs, delays and avoidable conflict.
| Advice that goes beyond “Just get married”
Marriage or civil partnership remains one of the strongest legal protections available for cohabitees, particularly from an Inheritance Tax perspective. However, simply telling clients to “get married” is not always realistic, appropriate or reflective of modern family life.
Some couples may consciously choose not to marry. Others may not feel ready to make a will immediately. That should not mean the conversation ends there.
There is real value in receiving early advice about:
• how you own your assets;
• how the Intestacy Rules operate;
• potential Inheritance Tax exposure;
• how children may inherit;
• and the practical consequences for surviving partners.
Even where you ultimately decide not to proceed with a will at that stage, receiving clear advice can still make a significant difference. It can help families better understand their position, avoid future confusion and potentially reduce stress and costs for loved ones during a period of grief.
| Key estate planning considerations for unmarried couples
For unmarried couples, there are several important steps worth considering:
1. Make a will
A properly drafted will remains the best way to ensure that assets pass in accordance with an individual’s wishes.
2. Understand how property is owned
Couples should investigate how their home is held. Whether property is owned as joint tenants or tenants in common can have a significant impact on what happens when one owner dies.
3. Seek early legal advice
Even if you are not yet ready to prepare a will, an initial discussion with a solicitor can still be invaluable. Understanding how estates are dealt with, the effect of intestacy and potential Inheritance Tax exposure can help you make informed decisions for the future.
4. Recognise that the law doesn’t always reflect modern families
The law surrounding inheritance remains heavily tied to marriage and civil partnership, despite the changing nature of family structures across the UK. It is important that we recognise this gap and ensure people understand both the limitations of the law and the options available to them.
| Starting the conversation
Many people understandably avoid conversations about death and estate planning. However, encouraging people to seek advice, especially at an early stage, can have a meaningful impact.
Not everyone who seeks advice will proceed immediately with a will or wider estate planning. But if even a small number take steps to protect their loved ones as a result of those conversations, we may help spare families significant confusion, stress, delay and expense in the future.
To start the conversation about planning for your future, contact our Wills, Probate and Estate Planning team. Call us on 0800 988 7756 or contact us through the website and we will call you back.
