Recent reports in the BBC have highlighted the Government’s consultation into whether cohabiting couples should receive greater legal rights when a relationship ends or when one partner dies.
As someone who works in wills and estate planning every day, I welcome anything that encourages people to think about protecting the people they love. However, regardless of whether the law changes in the future, one thing remains true today – making a valid Will is still one of the most important steps you can take.
The Common Law Marriage Myth
One of the biggest misunderstandings I come across is the belief that there is such a thing as a common law marriage.
Many people assume that if they’ve lived together for several years, shared finances or even raised a family together, they automatically have the same legal rights as a married couple.
Unfortunately, that simply isn’t the case in England and Wales.
Despite being a widely used phrase, “common law spouse” has no legal status. This often comes as a huge surprise to couples who have spent decades building a life together.
Do Unmarried Couples Inherit Automatically?
One of the questions I’m asked most often is:
“Do unmarried couples inherit if their partner dies?”
The answer is usually no.
If you die without a valid Will, your estate is distributed according to the intestacy rules. These rules determine who inherits your assets, and an unmarried partner is not automatically entitled to inherit, regardless of how long you’ve lived together.
This can create unnecessary stress, financial hardship and even legal disputes for the people left behind.
While there are circumstances where claims can be made against an estate, these situations are often complicated, costly and emotionally draining. Having a professionally prepared Will is usually a far simpler and more effective solution.
Why Estate Planning Matters
Good estate planning is about much more than deciding who receives your possessions.
It’s about making life easier for your loved ones at an already difficult time.
A properly drafted Will allows you to:
– Decide exactly who inherits your estate.
– Protect your partner and your family.
– Appoint guardians for your children.
– Choose trusted executors to administer your estate.
– Help reduce uncertainty and avoid potential family disputes.
– Ensure your wishes are carried out.
Everyone’s circumstances are different, which is why estate planning should always reflect your individual situation.
Could the Law Change?
The Government is currently considering whether inheritance law should provide greater protection for cohabiting couples.
If changes are introduced, they could give some unmarried couples additional rights after the death of a partner or following the breakdown of a relationship.
However, consultations can take time, and any changes to legislation may still be some way off.
More importantly, even if the law does change, it is unlikely to replace the certainty that a well-prepared Will provides.
Don’t Wait for the Law to Protect Your Family
Life rarely follows a timetable.
Whether you’re buying your first home together, raising children, entering a second relationship or planning for retirement, your estate planning should evolve with you.
Rather than waiting to see what happens with future legislation, I encourage people to review their arrangements now.
If you’re living with a partner, haven’t updated your Will for several years or don’t yet have one in place, now is an ideal opportunity to put those plans in order.
Need Advice on Wills and Estate Planning?
At AFPS Wills and Estate Planning, I help individuals, couples and families make informed decisions about protecting their loved ones and ensuring their wishes are respected.
Whether you’re making your first Will, reviewing an existing one or would simply like to understand how the current rules affect your family, I’d be happy to help.
After all, peace of mind comes from planning ahead—not from hoping the law will work in your favour.
