Majority of Cohabiting Couples 'Unaware of Inheritance Risks Without a Will', Poll Reveals
Thursday 10th October 2024
A new survey conducted by Will Aid has revealed an "alarming gap" in public understanding about inheritance laws affecting cohabiting couples.
The survey found that 68% of cohabitees were unaware of the rules of intestacy and what happens to their estate if they die without a will. This lack of awareness could have devastating consequences for many families across the UK, as cohabiting couples—regardless of how long they have lived together or whether they have children—are not automatically entitled to inherit from one another if one partner dies without leaving a Will.
Key findings from the poll, include:
• 32% mistakenly believe their estate would automatically pass to their partner
• 17% admitted they were unsure what would happen
• 11% said they had never even thought about the issue
• 8% thought their estate would go to close friends
The Rules of Intestacy dictate how a person's estate is distributed when they die without a will. These rules prioritise spouses, civil partners, and blood relatives, often leaving cohabiting partners with no legal right to inherit anything. This could leave surviving partners facing significant financial hardship, particularly in cases where they are dependent on the deceased's income or home.
"Many people assume that after living together for a period of time, they automatically become common law husband and wife, but this is not the case. The concept of 'common law marriage' ceased to exist a very long time ago.
If you are cohabiting as a couple, the law does not recognise you as common law spouses, even if you have children together and have lived together for many years. "Therefore, if you do not have a Will, the Rules of Intestacy will apply, and your partner will be completely disregarded."
Without a Will, surviving partners may not be automatically entitled to inherit, leaving them in a vulnerable position - and it's particularly worrying that so many people aren't aware of this, and don't fully understand the Rules of Intestacy.