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  • Writer's pictureGemma Day

We aren't married, would I still inherit if my partner died?

Updated: Sep 9, 2019

You've been living together for years, decades even, but you just haven't quite made it down the aisle yet, or maybe you just didn't want to!

It doesn't matter though because you're in a 'common law marriage', you will be entitled to each others assets if one of you should die, right?

Wrong! I am sorry to tell you this but 'common law marriage' is not legally recognised, it is virtually a myth!

If you are not married or in a civil partnership and one of you should die (without a valid Will in place) you could be entitled to nothing!

What if your partner dies and they;

  • Have savings meant for both of you in their own bank account

  • Solely own the home you both live in

  • Have children from a previous relationship

Can you afford to potentially lose your savings and home? If your deceased partner has children then they will automatically inherit, due to the law of intestacy, anything owned by the deceased.

Now, we aren't saying you should rush out and get married, unless you want to of course, you can start by simply writing your Wills.

Writing a Will allows you to leave any Property, Investments or Cash you have to each other ensuring you can both survive financially if the worst should happen.

However, if marriage/civil partnership is on the cards for the future be warned that this would revoke any Wills you have written.

To avoid this situation we can include a 'contemplation of marriage' clause meaning you wouldn't necessarily need a new Will writing at that time.

To ensure you and your partner are protected financially Contact us and see how we can help.


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