THE MYTH OF “COMMON LAW MARRIAGE” – AND WHY IT COULD COST HOPE VALLEY FAMILIES DEARLY
- 2 days ago
- 2 min read
Thousands of couples across the region could face a serious legal shock if one partner dies without a will.
Many people still believe that long-term partners automatically inherit from one another, but in law this simply is not the case if the couple are not married or in a civil partnership.
Despite this, research shows that more than half of UK adults do not currently have a will in place. Many also wrongly assume that the concept of “common law marriage” exists, when in reality it has no legal standing.
When someone dies without a will, they are said to have died “intestate”. In these circumstances, strict legal rules determine how their estate is distributed.
This can create unexpected and sometimes very distressing outcomes. An unmarried partner may receive nothing from the estate, even if they have lived with the deceased for many years. Instead, the estate may pass to blood relatives such as parents, siblings or their children.
The issue is becoming more significant as the number of cohabiting couples continues to rise. According to the Office for National Statistics, the number of couples living together without being married increased from around 1.5 million in 1996 to approximately 3.6 million by 2021.
Laura Cowan, Head of the Private Client Team at Graysons Solicitors in Hathersage, says many people are unaware of the risks.
“It often comes as a surprise to people that their partner could receive nothing if they die without a will. Making a will ensures that your wishes are clearly set out and that the people you care about are properly provided for.”
Even for married couples, the situation may not always be as straightforward as many assume. If there are children, the surviving spouse will not automatically inherit the entire estate, as the law divides it between them.
Making a will allows people to decide exactly what should happen to their assets and provides clarity for families at a difficult time.
For advice about making a will or reviewing an existing one, contact the private client team at Graysons Solicitors in Hathersage on 01433 520018. Or email: wills@graysons.co.uk
You can also read more about the subject at: https://www.graysons.co.uk/news/understand-happens-estate-die-without-will/
