There is a common mis-conception that common law marriage exists. Unfortunately, this is not recognised in the UK. Serena Ely explores the importance of making a Will if you are not married.

“My long-time partner who I lived with for over twenty years and provided care to for the last six months has passed away.  I am completely devastated. Before I managed to organise the funeral, his son, who has never liked me, has taken control of everything. He says he will give me six months to move, and he is selling his father’s house. How can that happen? My partner owned the property when I moved in with him, and we were going to transfer it so that we both owned it, but we never got around to it.  We also never got around to writing a Will. I am 100% sure that my partner expected me to inherit and have somewhere to live until I died.  How can his son make all these decisions and not ask me?”

I don’t have many parts of my job that I do not like, but one of the worst is talking to someone who has just lost a loved one to tell them that as their partner had not written a Will, they had died intestate and intestacy rules will apply.  Worse than that, as they were not married, they have no right to inherit under those rules, regardless of how long they lived together. Unfortunately, there is no such concept as a common law marriage.

Intestacy Rules

Intestate rules state that the spouse of the deceased, if still living, receives the first £322,000 of the estate. The remaining estate is divided 50/50 with 50% going to the spouse and 50% going to the children to share between them.

If there is no spouse, any adopted or natural children of the deceased share the whole estate.  If no children then siblings of the decceased, then their children and so on.

The only way you can ensure that your partner inherits what you want them to is to write a Will.

You do not have to own a property and have thousands of pounds in the bank to write a Will. It can be as simple as you want them to inherit your photographs or your other personal possessions.

Contact us today about making your Will or start your Will online.

 

Written by Serena Ely