Cohabitation Awareness Week

THE IMPORTANCE OF MAKING A WILL IF YOU ARE COHABITING

In today’s society more people are cohabiting and less people are getting married.

The majority of people believe that when they have lived with someone for a certain period of time they are automatically entitled to inherit their partner’s estate when they pass away. This is often referred to as the common law man and wife but there is no such thing. Cohabitees are not automatically entitled to their Partner’s estate (unless they have been nominated to benefit from an asset upon death) and it would, in fact, pass through the intestacy rules, ie spouse, children and so forth.

If cohabiting couples do not make Wills it can cause many complications when one of them passes away, such as; :-

• Property being held as Tenants in Common (the person entitled to benefit will own a half share in your property)
• The surviving Partner being left without any money
• Family members that you have not had contact with for years or that you do not get on with inheriting all of your partners assets

If you die without making a will, your partner may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 on the basis that “reasonable financial provision” has not been made for them but there are specific requirements in order to qualify for eligibility to bring a claim under this Act.

The Courts take many matters into account when considering an application made under the Act and your partner could be awarded a considerably lesser sum than that you would wish for them to receive.

Court proceedings can be very stressful, costly and may damage relationships between your cohabitee and your family.

For these reasons it is, therefore, far better to make provision for your cohabitee by making a will, if you wish to make provision for them when you die. Our specialist will team will be happy to assist in ensuring your wishes are met. Contact us on 0121-553-3286 or e-mail reception@baches.co.uk