RISING NUMBER OF COHABITING COUPLES RISK HOMELESSNESS IF A PARTNER DIES WITHOUT A WILL

Laura Cowan, Head of Private Client Team at Graysons Solicitors

A stark new warning has been issued to unmarried couples after national research revealed that most cohabitees have little idea what would happen to their partner – or their home if one of them dies without a will.

According to figures from the Will Aid campaign, two thirds of cohabitees misunderstand the law surrounding intestacy, and a quarter wrongly assume their estate would automatically pass to their partner. In reality, unmarried partners have no automatic rights at all – meaning many surviving partners could face the very real prospect of losing their home.

Under intestacy rules, if an unmarried individual dies without a will, their entire estate passes to their closest blood relatives. This includes the family home if it is owned in their sole name, leaving the surviving partner with no entitlement and, in some cases, no legal right to remain in the property.

Laura Cowan, head of Graysons’ private client team, said the findings should act as a “wake-up call”:

“This is a worrying revelation, particularly at a time when cohabitation is the fastest-growing family type in the UK. The number of cohabiting couples has risen by 144% since 1996 – yet the myth of ‘common law marriage’ stubbornly persists. It simply does not exist. Without a valid will, an unmarried partner could be left with nothing, and in the worst cases, even face homelessness.”

Despite this, 17% of respondents admitted they had never even thought about what would happen to their estate, and 7% incorrectly believed their assets would pass to close friends.

Graysons is urging cohabiting couples to take action now to ensure their wishes are protected.

“If you want your partner to inherit, you must make a will,” Laura added. “It is the only way to guarantee that your estate goes to the people you choose.”

Anyone wishing to safeguard their family’s future can contact Graysons’ private client specialists for tailored advice on 01433 520022.