What rights do unmarried partners have after death?

Does common-law next-of-kin exist?

In probate law there's no legally defined terms for common law spouse or next-of-kin, yet the belief is that an unmarried cohabiting partner is the next-of-kin and entitled to receive your estate on your death if you haven't written a will. This is not correct.

An unmarried couple who have had children together may believe they have a 'common law spouse' or 'common law next of kin'. Again, this is not correct. So, it's very important if you are living with an unmarried partner to consider the legal position of your estate on your death.

What are the rules of intestacy?

The rules of intestacy are a rigid set of legal rules which dictate who inherits your estate if you die without a will or if you have a will, but it is invalid. If you are unmarried your partner might receive no financial provision and everything you own could pass to your children, parents, brothers/sisters or distant relatives leaving your unmarried partner with the only option of making a costly and time- consuming inheritance claim against your estate.

You can avoid your estate following the intestacy rules by writing a will.

How can you protect your rights as an unmarried partner after death?

The easiest way to provide for an unmarried partner is to make a legally valid will that clearly states what you wish to leave to your partner in the event of your death. To guarantee your will is upheld, it is vital to ensure that the will is legally valid, so we strongly recommend you seek the assistance of a specialist.

Another way you can protect your partner’s rights is by drawing up a cohabitation agreement. While these agreements cannot set out what assets your partner has a right to if you pass away, it can set out how you expect ownership to be decided while you live together, including legal shares of property, how savings should be split, and custody of any family pets.

Speak to the team today

The best way to ensure that your partner receives the support and assets you want them to in the unfortunate circumstance of your passing is to draft a will that clearly sets out your wishes.

Even then, it’s important to remember that if a will has been poorly drafted, it can be contested and – if a court decides your will is not legally valid – any wishes you have set out could be overruled.

We strongly recommend, therefore, that you seek legal advice when drafting your will. Our wills solicitors have supported hundreds of clients in drafting and storing their will to ensure it represents your wishes and can be upheld in court, so you and your loved ones don’t need to worry.

Speak to us today on 0330 041 5869 or get in touch online to find out how we can help you.