Cohabiting couples represent the fastest-growing family type in the UK, yet many do not realise they lack the legal protections that married couples and civil partners enjoy, especially around estate planning. Without a Will, the rules of intestacy apply, and your partner could be left with nothing.
Why cohabiting couples need a Will
Married couples and civil partners have automatic legal protection around inheritance and property rights. Cohabiting couples do not. There is no such thing as common-law marriage in English law, so without a Will the intestacy rules leave an unmarried partner with no automatic inheritance, however long you have been together. A Will is the only reliable way to protect each other.
Making a Will, step by step
- Identify your objectives — financial security for your partner, specific gifts, and who should benefit
- Gather your information — property, savings, investments, possessions and digital assets
- Decide on executors and beneficiaries — capable, willing executors, and clear beneficiaries
- Consider a Life Interest Trust — for couples who own property together, this lets your partner live in the home after your death while ensuring your share eventually passes to your chosen beneficiaries
- Address inheritance tax — estates above the threshold may face significant tax; lifetime gifts and trusts can help
- Draft and execute the Will — drafted properly, then signed in the presence of witnesses for it to be valid
- Store it safely and tell your executors where it is
- Review and update after significant life events
The Life Interest Trust, in particular
For cohabiting couples who own a home together, a Life Interest Trust can be invaluable. It allows your partner to remain in the property after your death, while ensuring your share eventually passes to the beneficiaries you choose, striking a balance between supporting your partner and honouring other family commitments.
Seek professional advice
Creating a Will means navigating a complex legal landscape, so professional guidance is well worth it. We offer a fixed-fee Will writing service for cohabiting couples, guiding you through every step, from gathering information to making sure your Will is legally sound and precisely written.
Do not leave your partner's future to chance. We help cohabiting couples across North Somerset, Bristol and Bath put legally sound Wills in place, in plain English and at a fair, fixed price. Contact us to arrange a free, no-obligation consultation.