28 August 2020
It comes as a surprise to many people to learn that their partner may not inherit anything at all. It depends on factors such as whether:
Your Property & Finances
The first point to consider is that you and your partner might own assets in both your names; such as your house and bank accounts. When assets are held as Joint Tenants; the survivor automatically owns the assets when their co-owner passes away.
Example 1: Mr Aldridge and Ms Brownlee own a bank account in their joint names. If Mr Aldridge dies, Ms Brownlee will automatically own the funds in the account.
You need to be careful as some jointly held assets (typically flats and houses) can be held in a different way, referred to as Tenants in Common. Both parties own the asset but they have separate shares. The shares don’t automatically pass to each other; they will pass in accordance with the deceased’s Will or Intestacy.
Example 2: Mr Aldridge and Ms Brownlee own 123 High Street, Bournemouth in equal, but separate shares. When Mr Aldridge dies; his share of the property will be dealt with by his Will.
It is the same if you hold cash or investments in your sole name such as ISAs. These assets will be distributed in accordance with your will or the law on intestacy.
Intestacy (i.e. if you haven’t made a Will)
If you die without having made a Will, your Estate will be processed in accordance with surprisingly old fashioned law. Who will benefit depends on whether you are married/ in a civil partnership and have children. No-one other than your spouse/ civil partner, children or blood relatives will inherit from you.
Example 3: Mr Aldridge and Ms Brownlee are not married and do not have children. They live at 123 High Street, Bournemouth which Ms Brownlee owns. Ms Brownlee dies. She has not made a Will. Mr Aldridge will not inherit from her. Instead her parents will inherit the house.
Couples who simply live together are not civil partners (who have a registered civil partnership). Couples who live together are often called “cohabitees” but no automatic legal provision is made for them to inherit. It doesn’t matter how long you have lived together.
So if you live with a partner and you want them to inherit from you or be given a right to continue living in your property after you die, you should make a Will.
Make a Will
You can make specific provision for your partner in your will to guarantee they will inherit from you.
Sometimes people put off making a will because wish to make provision for their partner but also provide for their children from another relationship but don’t know how to achieve a fair balance. An experienced Wills, Trust & Probate lawyer will be able to provide you with practical solutions. People in this position often make Life Interest Trust wills.
If you would like more information about providing for your partner please call one of our trusted and experienced solicitors based at our Bournemouth and Christchurch offices
If your partner has died and not made provision for you then you may wish to discuss making a claim for financial provision. Please call our Lansdowne office on 01202 29441.
Please note, this is not legal advice. It is intended to provide information of general interest about current legal issues.
