Marriage is not for everyone and there are more and more couples that live together and build a family together without getting married or entering into a civil partnership. However, this can lead to unintentional results without careful planning, and partners can easily be overlooked or unintentionally excluded from your estate.
Why Cohabitees Need Special Consideration
Under the law of England & Wales, a partner (boyfriend or girlfriend) do not automatically inherit unless named in a Will. If you died without a valid Will (intestate), your estate would be distributed under fixed intestacy rules — these include husband or wife or civil partner but partners who are not legally married or in a civil partnership would be excluded.
Because of this, having a Will is even more critical. A properly drafted Will allows you to:
- Provide explicitly for your partner
- Set out trusts or rights of occupation
- Ensure your estate is divided according to your wishes
- Avoid future disputes or confusion
Things to Watch Out For
When making Wills and deciding how to cater for your partner, it is wise to keep in mind:
- Dependency and financial need: If your partner is financially dependent on you, this may justify a larger share or a trust.
- Marital breakdowns: If your relationship ends, you may want to review and update your Will.
- Lifespan of your Will: Life events (marriage, divorce, death, births) should trigger a review.
- Potential claims: Your partner may have limited rights to contest depending on circumstances — but proper planning reduces uncertainty.
- Protection from unintended disinheritance: Naming your partner explicitly is safer than relying on general language.
How We Support You
We understand the emotional and legal complexities of modern families and the sometimes difficult decisions that you face when making these choices. We also understand that often tax planning can be more complex as there is tax free allowance for partners. We will explain all of the options available to you and tailor our advice to suit your wishes.
Every family is different and so we take time to listen, understand your relationships, and help you make decisions that reflect your values and wishes.
Don’t Leave Your Partner Out by Default
If you are in a relationship, not having a Will or having a Will that fails to address your partner can lead to painful surprises for your family. Planning now gives you control, certainty and peace of mind.
