UNDERSTANDING INHERITANCE RIGHTS FOR UNMARRIED PARTNERS
Released On 25th Jun 2024
In today’s world, many couples choose to live together without getting married. While these relationships are just as meaningful and committed as those of married couples, the law does not automatically recognise them in the same way, particularly when it comes to inheritance. Even if you’ve been with your partner for 20 years but are not married, you might be surprised to learn that you do not have an automatic right to their estate upon their death. This blog will guide you through the key points you need to know and the steps you can take to protect your interests.
THE REALITY OF INTESTACY RULES
In England and Wales, if your partner dies without a Will, the rules of intestacy come into play. These rules determine who inherits the estate, and unfortunately, they do not recognise unmarried partners. This means that no matter how long you have been together, you will not automatically inherit anything under the intestacy rules. The estate would typically pass to the deceased’s children, parents, or other close surviving relatives.
THE IMPORTANCE OF A WILL
The most straightforward way to ensure you are provided for is for your partner to make a Will. A Will is a legal document that sets out how a person wants their estate to be distributed after their death. By naming you as a beneficiary in their Will, your partner can ensure that you receive the part of the estate they wish to leave to you. Without a valid Will, your inheritance rights are significantly limited.
MAKING AN INHERITANCE ACT CLAIM
If your partner dies without a valid Will and you were financially dependent on them, you may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This Act allows certain people, including unmarried and cohabiting partners, to apply to the court for reasonable financial provision from the estate. However, this can be a complex and potentially contentious process, and it’s always better to have clear arrangements in place beforehand.
JOINT ASSETS AND NOMINATIONS
There are certain assets that can pass directly to you without needing to go through the Will or intestacy process. These include:
- Jointly Owned Property: If you and your partner own property as “joint tenants,” the property will automatically pass to you upon their death. However, if you own the property as “tenants in common,” your partner’s share will not automatically pass to you and will instead be subject to their Will or the intestacy rules.
- Joint Bank Accounts: Funds in joint bank accounts usually transfer to the surviving partner.
- Pensions and Life Insurance: Many pension schemes and life insurance policies allow you to nominate a beneficiary. Ensure that your partner has nominated you to receive these benefits.
TAKING PROACTIVE STEPS
To avoid potential difficulties and ensure your rights are protected, consider the following steps:
- Encourage Your Partner to Make a Will: This is the most effective way to ensure you are provided for.
- Seek Legal Advice: A solicitor can help you understand your position and suggest steps to protect your interests.
- Consider a Cohabitation Agreement: This agreement can outline financial arrangements and intentions, providing some security in case of death or separation.
Being in a long-term, committed relationship without marriage does not automatically allow you the same legal rights as marriage. Being unmarried may also have an impact on your inheritance tax. Understanding your position and taking proactive steps can help ensure that you are protected and provided for in the event of your partner’s death. At AmicusLaw Solicitors, we are here to help you navigate these complex issues. Contact us today for expert advice and support in estate planning and inheritance matters.
