Unmarried Couples and Rights to Inheritance

There are many myths about the legal rights of unmarried and co-habiting couples.

If you are living with someone, but are not married to them, it is critical that you make a Will to protect them, otherwise they may receive nothing. Unmarried partners have very little protection in law and the idea of a ‘common law partner’ has no legal standing.

What is the current Law on inheriting for unmarried partners?

Married couples are protected under the Laws of Intestacy. This means that even if they have not made a Will, their spouse has some protection as they automatically inherit the first part of the estate.

Currently unmarried partners have no automatic right to inherit their partner's estate upon death. Even if you have been in a long term partnership and effectively living as a married couple, your partner has no automatic protection.

What can I do to protect my partner?

The easiest and most effective way of protecting your partner, and ensuring that they inherit your assets, is to have a professionally written will made.

If no provision is made for a co-habitee upon death, that person will be forced to incur the costs and stress of making an application to the Court to obtain a share of any estate. This may not always be successful.

For more information and advice please contact us to speak to one of our specialist solicitors.