If you die without a valid will in the UK, your estate will be distributed according to the rules of intestacy. These rules determine who inherits your assets based on your marital status and family relationships. For unmarried couples, the intestacy rules can be particularly harsh, as they do not recognise cohabiting partners, regardless of the length or nature of their relationship.
Under the current intestacy rules, if you are not married or in a civil partnership, your partner has no automatic right to inherit any part of your estate. This means that even if you have been living together for many years, your partner will not be entitled to any of your assets unless you have made specific provisions in a will.
John and Sarah have been living together for 20 years but never married. They own a house together as joint tenants and have a joint bank account. John dies suddenly without leaving a will. In this case:
Sarah will automatically inherit John’s share of the jointly-owned property and the funds in their joint bank account.
However, Sarah will not be entitled to any of John’s other assets, such as his personal savings, investments, or belongings.
Instead, these assets will be distributed among John’s closest blood relatives according to the intestacy rules.
If you die without a will, your assets will be distributed in the following order:
Emma is a single mother with two young children. She dies without leaving a will. In this situation:
To ensure that your partner is provided for in the event of your death, it is crucial to make a valid will. By creating a will, you can specify exactly how you want your assets to be distributed, regardless of your marital status.
Mark and David have been in a committed relationship for 15 years but have chosen not to enter into a civil partnership. They want to ensure that they will inherit each other’s assets if one of them dies. To achieve this:
Mark and David should each create a will specifying that they wish to leave their assets to one another.
They can also outline any specific bequests they wish to make, such as leaving certain items or sums of money to family members or charities.
By having valid wills in place, Mark and David can ensure that their wishes are carried out and that they are providing for each other’s future.
If you die intestate and your partner is not provided for under the intestacy rules, they may face significant challenges in maintaining their standard of living and securing their future.
In some cases, unmarried partners may be able to apply for financial provision from their deceased partner’s estate under the Inheritance (Provision for Family and Dependants) Act 1975. To be eligible:
The couple must have been living together for at least two years immediately prior to the death.
The surviving partner must demonstrate that the deceased failed to make reasonable financial provision for them.
The application must be made within six months of the grant of representation (probate).
Sophie and Tom had been living together for five years when Tom died unexpectedly without leaving a will. Tom’s estate, valued at £500,000, was set to be divided between his two adult children from a previous marriage. Sophie, who was financially dependent on Tom, decides to make a claim under the Inheritance Act 1975:
Sophie must prove that she and Tom were living together for at least two years before his death.
She must demonstrate that Tom’s estate failed to make reasonable financial provision for her.
If successful, the court may award Sophie a portion of Tom’s estate, taking into account factors such as her financial needs, the size of the estate, and the interests of other beneficiaries.
1. What is a will, and why is it important?
A will is a legal document that outlines how you want your assets to be distributed after your death. It is important because it ensures that your wishes are carried out and that your loved ones, including unmarried partners, are provided for according to your desires.
2. What happens if I die without a will in the UK?
If you die without a valid will in the UK, your estate will be distributed according to the rules of intestacy. These rules prioritise blood relatives and do not recognise unmarried partners, which can lead to your loved ones being left without financial support or a share in your estate.
3. Can my unmarried partner inherit from my estate under the intestacy rules?
No, under the current intestacy rules in the UK, unmarried partners have no automatic right to inherit any part of your estate, regardless of the length or nature of your relationship.
4. How can I ensure that my unmarried partner is provided for in the event of my death?
To ensure that your unmarried partner is provided for, you should create a valid will that specifies how you want your assets to be distributed. By naming your partner as a beneficiary in your will, you can guarantee that they will inherit according to your wishes.
5. What is the Inheritance (Provision for Family and Dependants) Act 1975?
The Inheritance (Provision for Family and Dependants) Act 1975 allows certain individuals, including unmarried partners who have been living together for at least two years, to apply for financial provision from a deceased person’s estate if they believe that reasonable financial provision has not been made for them
6. How long do I have to make a claim under the Inheritance Act 1975?
An application under the Inheritance Act 1975 must be made within six months of the grant of representation (probate) being issued.
7. Can I leave my entire estate to my unmarried partner in my will?
Yes, you can leave your entire estate to your unmarried partner in your will, as long as you make your intentions clear and the will is valid. However, it is important to consider the potential implications for other family members and to seek professional advice when drafting your will.
8. What happens if my unmarried partner and I jointly own property?
If you and your unmarried partner jointly own property as joint tenants, your share of the property will automatically pass to your partner upon your death, regardless of whether you have a will. However, if you own the property as tenants in common, your share will be distributed according to your will or the rules of intestacy.
9. How often should I review and update my will?
It is advisable to review and update your will regularly, especially after significant life events such as the birth of a child, the purchase of a property, or changes in your relationship status. This ensures that your will accurately reflects your current wishes and circumstances.
10. Where can I seek advice on making a will and estate planning?
You can seek advice on making a will and estate planning from a qualified solicitor who specialises in this area of law. They can help you draft a valid will, understand the implications of the intestacy rules, and ensure that your loved ones are provided for according to your wishes.
The intestacy rules in the UK can have severe consequences for unmarried couples, potentially leaving surviving partners without financial support or a share in their loved one’s estate. To ensure that your wishes are carried out and your partner is provided for, it is essential to create a valid will as part of your estate planning process.By understanding the implications of the intestacy rules and taking proactive steps to protect your assets and loved ones, you can have peace of mind knowing that your partner will be taken care of, even in the most difficult of circumstances.
The information provided in this article on what you should never put in your will is for general informational purposes only and does not constitute formal legal advice. While we strive to provide accurate and up-to-date information, laws and regulations may change over time. For your specific situation, it is always best to consult with a qualified professional who specialises in wills and estate planning. They can guide you through the process of properly drafting and executing your will, ensuring it is legally valid and tailored to your unique needs. Services like XWills.com offer expert will writing assistance from licensed professionals. Speaking with them directly will give you the personalised attention and formal legal guidance needed to achieve your estate planning goals and protect your legacy.
Co-Founder, CEO and Senior Will Writer at Xwills.com
Andrew Walters is the co-founder and CEO of Xwills.com, an estate planning firm that combines technology with personalised customer service to elevate the will writing experience. As a full member of the Society of Will Writers, Andrew is committed to upholding the highest professional standards in the field.
Driven by a passion for providing comprehensive support to clients, Andrew pursued formal qualifications in will writing and estate planning. This journey led to the establishment of Xwills, where he and his team fill a gap in the market by offering a tailored alternative to online-only will writing services.
At Xwills, Andrew ensures that each client receives the time and attention needed to understand their specific requirements. He strongly believes that something as important as writing a will should not be rushed or done without expert guidance.
As a member of the Society of Will Writers, Andrew adheres to their code of practise and continues to expand his knowledge through annual training.
His expertise, combined with Xwills’ commitment to customer service, positions him as a trusted resource for those seeking to protect their legacy and provide for their loved ones.
With his dedication to professionalism and personalised service, Andrew Walters is setting a new standard in the estate planning industry.
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