There are now more than 3.5 million cohabiting couples in the UK. However, unpopular to common belief, unmarried couples do not benefit from any automatic rights to inheritance when their partner dies.
If you have ever wondered what a cohabitees rights are when their partner passes away, our Senior Associate, Siobain Moore, explains.
Do unmarried couples have rights after a death?
In short, no. Automatic rights do not exist for cohabiting couples in the UK. If you are unmarried and your partner dies you are not automatically entitled to any of their estate, not even if you have lived together for years, have children together and share financial responsibilities.
This applies across England and Wales and so the only way to ensure you have rights to your partners estate is if it is written in a valid Will.
What happens if a cohabiting parter dies without a Will?
If your partner dies without a Will their estate will be divided according to intestacy rules, which do not recognise unmarried partners.
Instead, assets will go to children, parents or siblings based on very specific rules, meaning that the surviving partner will likely be left with nothing if a Will is not in place.
The only way to ensure inheritance for a partner is to ensure they are explicitly named in a Will or be nominated on financial policies, such as life insurance.
What happens to our shared home when a cohabiting partner passes?
If you are not legally married or listed as an owner or tenant your right to live in a shared home depends on the legal status of the property:
- Joint tenants – You may automatically inherit the property
- Tenants in common – The deceased’s shares passes on to their estate, not the surviving partner
- Sole ownership (in their name) – You may have no legal right to stay, unless mentioned in a Will
It is best to consult legal advice for any disputes on property owned in a cohabiting relationship when a partner passes.
Are there any instances where a cohabiting partner can claim against the estate?
In some cases, a surviving cohabiting partner may be able to get inheritance under the Inheritance Act 1975.
This will only be considered if the surviving partner was financially dependent on the deceased or they have lived together for over two years before death.
This process, however, can be legally complex and time consuming, which is why it is always better to prepare beforehand.
Here to help you
Getting in contact with a solicitor to draw up a Will is always best practice to ensure your cohabiting partner is left with inheritance.
At Palmers our talented Wills Trust and Probate solicitors can help you with any inheritance disputes should a cohabiting partner pass away before any formal arrangements are made.
Get in touch today, for specialised advice on how to manage inheritance of a cohabitant.
