Cohabiting Couples at Risk: Why Not Making a Will Could Leave Your Partner Vulnerable
Two-thirds of cohabiting couples don’t know what happens to their assets without a Will – here’s why planning ahead matters
Most Cohabiting Couples Unaware of the Risk of Not Making a Will
Two-thirds of cohabiting couples admit they don’t know what would happen to their money and assets if they died without making a Will.
The findings are from a survey carried out by Will Aid, which says the figures show an ‘alarming gap’ in the public’s understanding of inheritance laws.
Common Misconceptions About Intestacy
The survey also found that:
- A quarter of people mistakenly believe their estate would automatically pass to their partner.
- 7% thought it would go to close friends.
- One in five didn’t know what would happen if they died without making a Will.
- Just under a fifth said they ‘never even thought about the issue.’
Why Intestacy Rules Leave Partners Vulnerable
Peter de Vena Franks, Will Aid Campaign Director, said:
“Without a Will, surviving partners may not be automatically entitled to inherit, leaving them in a vulnerable position – and it’s particularly worrying that so many people aren’t aware of this, and don’t fully understand the Rules of Intestacy.”
Under the intestacy rules, unmarried partners are not recognised, no matter how long they have lived together. If someone dies without leaving a Will, their estate is instead distributed to relatives in a strict legal order – starting with children, or if there are none, with parents, siblings or more distant family.
A surviving partner has no automatic right to inherit the home they shared, the savings they contributed to, or any personal belongings, even if the relationship spanned decades.
The Harsh Reality for Surviving Partners
In many cases, the surviving partner may have to rely on the goodwill of the deceased’s relatives or face the prospect of losing their home. Where property is owned solely by the person who has died, the partner may be left with no legal claim unless they can prove a specific financial interest, which can be costly, stressful and uncertain. Even joint assets can become complicated, depending on how they were legally owned.
Limited Legal Options Under Intestacy
There are limited options for partners who find themselves excluded under intestacy, such as making a claim under the Inheritance (Provision for Family and Dependants) Act. But these applications are not guaranteed to succeed, and they often involve lengthy legal proceedings at an already distressing time.
Why Making a Will Is Essential for Cohabiting Couples
Will Aid says the findings underline the importance of making a Will, particularly for cohabiting couples who may assume they are protected. A properly drafted Will allows partners to:
- Choose who inherits
- Safeguard shared property
- Reduce the risk of disputes at a time of grief
What You Can Do Next
For cohabiting couples, making a Will is essential to ensure your partner is protected and your wishes are respected. Without one, intestacy rules mean your partner may have no automatic right to inherit your home or assets. If you need advice or assistance with writing a Will, please get in touch with our experienced team – we’re here to help you plan with confidence.
Related Resources You May Find Helpful
If you’re an unmarried couple, these resources may also help:
About the Author
Radha is an Associate Solicitor in Machins’ Private Client Team. She advises on all aspects of wills, powers of attorney, and probate, and is known for explaining complex legal matters clearly. Radha prides herself on providing exceptional client care and creating a friendly, approachable environment for discussing sensitive issues.
Disclaimer: General Information Provided Only.
Please note that the contents of this article are intended solely for general information purposes and should not be considered as legal advice.