‘Despite the range of options nowadays, many couples also prefer not to formalise their relationship’, says Sharon Richardson, Director and Solicitor in the Wills and probate team at Crombie Wilkinson Solicitors in York, Selby, Malton and Pickering.
Our previous article focused on the implications of marital status on making a Will. In this article, Sharon outlines some of the other issues which you need to consider as part of lifetime planning.
Later life, financial management and mental capacity
Regardless of marital status, no one can access your sole financial accounts unless you have granted authority to them, such as under a financial lasting power of attorney.
While making a financial lasting power of attorney is generally advisable, many people find themselves caring for a loved one who has lost mental capacity and without any authority to deal with that person’s affairs. When this happens, an application to be appointed as the person’s deputy is necessary.
Before making such an appointment, the court will require sufficient evidence that you are the most appropriate person. For many cohabiting couples, this can be trickier to establish than for those who are in a legally recognised union. It is even more important for someone who is cohabiting to take steps to protect themselves in the event of lost capacity by making a lasting power of attorney while they are able to do so.
Next of kin and health decisions
Married couples and civil partners are afforded recognition as next of kin for medical purposes.
Couples who are cohabiting and who are not in a legally recognised union are not automatically considered next of kin and, as such, you could find yourself in a situation where medical decisions are made on your partner’s behalf without your involvement.
In order to overcome this, cohabiting partners can also make a separate lasting power of attorney to appoint each other for healthcare decisions. Obtaining professional advice will help you to ensure that all necessary authorities are adequately granted under the lasting power of attorney.
Assets outside the estate
When it comes to how your estate will be dealt with after you have passed, this largely relies on your will or on predetermined intestacy laws; however, some assets pass without reference to a will or the intestacy rules. Instead, the person who inherits these assets is determined by the nature of the asset itself.
For example:
If you are a cohabiting couple, you should seek legal advice to ensure that you have put in place the best lifetime planning possible in light of your circumstances.
How we can help
We are highly experienced in all aspects of lifetime planning and can advise you on your particular circumstances, ensuring you and your partner are protected no matter your marital status.
For further information, please contact a member of our specialist Wills and probate team in York, Selby, Malton and Pickering.
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