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 Richard Watson, Director and Head of the Wills and Probate team at Crombie Wilkinson Solicitors. ‘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.’
Richard Watson outlines some of the issues which you need to consider in regard to your Will and your marital status.
Different rights under intestacy rules
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.
Implications of a change in marital status on making a Will
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.
How we can help 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 a member of our Wills and Probate team at any of our offices in York, Malton, Pickering or Selby.
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