There have been a number of changes in regard to marriage law since 2004, with the most recent being the introduction of opposite-sex civil partnerships in 2019. These changes have been important in providing clarity over legal rights and financial security when one member of the couple dies.
Meanwhile, despite ongoing campaigns, couples who choose not to formalise their relationship can face a great deal of uncertainty when one of them dies if the survivor is not provided for in a will. For those who are not married or in a civil partnership, the complications arising on the death of a partner came under the spotlight after George Michael died and his long-term partner, Kenny Goss, was forced to initiate legal proceedings to receive a share of the famous singer’s estate.
‘Cohabiting is no longer seen as taboo, and marriage or a civil partnership simply do not appeal to many couples,’ says David Roper a Solicitor in the wills and probate team with Lawcomm Solicitors in Whiteley. ‘However, it is important for cohabiting couples to understand that they do not share the same legal rights and financial security as those who have formed a legally recognised union.’
David Roper, outlines some of the issues which you need to consider in regard to your will and your marital status.
When a person who is married or in a civil partnership dies without a valid will, (called intestate) the distribution of assets will follow rules determined by intestacy law.
A spouse or civil partner will automatically be entitled to the estate, although it should be noted that the full extent of entitlement depends upon whether the couple have had children together, as well as the way in which certain assets are held. A spouse or civil partner can at least rest assured that they will be provided for to some extent.
Cohabitees, however, do not receive the same automatic entitlement if there is no valid will, regardless of how long the couple has lived together. As such, a cohabitee may no longer be in a position to remain in the home they shared with their partner, or it might be necessary for them to make a time-consuming and expensive claim against the estate.
When making a will, there are a number of considerations which will depend upon marital status and any planned changes to this status:
Forgetting to update your will in light of a change of circumstances could lead to a claim being made against your estate. Your estate could also become subject to a claim, for example from a disappointed cohabitee, if you have failed to make a will and simply left the distribution down to the rules of intestacy.
For all couples, it is vital that you understand your legal rights and that you ensure your wishes are properly protected and upheld. Our solicitors can explain how your estate will be dealt with in view of your circumstances and help you plan to achieve your wishes.
For further information, please contact David Roper in the wills and probate team on 01489 864 100 or email david.roper@lawcomm.co.uk.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.