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Cumberland and Westmorland Herald
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    Penrith man admits possessing cannabis twice with intent to supply

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    New bid for Appleby stallion sculpture revealed

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    18th century Eden pub sold as owners retire

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    Darren Edmondson leaves Penrith AFC

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Cumberland and Westmorland Herald
  • News
    Penrith man admits possessing cannabis twice with intent to supply

    Penrith man admits possessing cannabis twice with intent to supply

    Risks and strategies for flexible pension drawdown

    Risks and strategies for flexible pension drawdown

    Man arrested after fleeing from police in Penrith

    Man arrested after fleeing from police in Penrith

    £37.7 million to tackle potholes and upgrade roads

    £37.7 million to tackle potholes and upgrade roads

    Over £38,000-worth of fake goods seized at Appleby Horse Fair

    Over £38,000-worth of fake goods seized at Appleby Horse Fair

    New bid for Appleby stallion sculpture revealed

    New bid for Appleby stallion sculpture revealed

    18th century Eden pub sold as owners retire

    18th century Eden pub sold as owners retire

    Tebay’s plans for battery storage unit

    Tebay’s plans for battery storage unit

    Pub landlord must remove Covid canopy

    Pub landlord must remove Covid canopy

  • Sport
    Double national triumph for Stuart Robinson

    Double national triumph for Stuart Robinson

    Patterdale’s Eden Eagles make history

    Patterdale’s Eden Eagles make history

    Penrith teen crowned British vault champion

    Penrith teen crowned British vault champion

    Penrith gymnasts represent North of England in finals

    Penrith gymnasts represent North of England in finals

    New boss revealed for Penrith AFC

    New boss revealed for Penrith AFC

    Penrith Panthers celebrate winning season

    Penrith Panthers celebrate winning season

    Darren Edmondson leaves Penrith AFC

    Darren Edmondson leaves Penrith AFC

    Lucy plays key role in county T20 triumph

    Lucy plays key role in county T20 triumph

    Gold for Keith in annual festival of orienteering

    Gold for Keith in annual festival of orienteering

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Home Sponsored
This article appears as part of a paid partnership with Burnetts

Will my partner inherit from me? There’s no such thing as a common law wife….

by CWH
22 April 2021
in Sponsored
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Co-habiting couples are the fastest growing type of family in the UK, and nearly half of co-habiting couples never marry at all.

While many feel that this is a good way to test out a relationship, it often happens slowly, without either party really sitting down and talking about what the transition means for them financially.

Partners can live together happily for years without considering what would happen to their assets if one of them died, and many don’t leave a will.

Married partners are protected, under those circumstances, by the Government’s Intestacy Rules.

If a married woman dies without leaving a will, for example, the Government’s Intestacy Rules come into play and direct that the bereaved husband is the main (if not only) person to inherit.

There is no such protection for unmarried couples, whether they live together or not.

If one partner dies without having made a will, the grieving partner will inherit nothing unless they owned property jointly.

No matter how long you have lived with someone, if they own their house in their sole name and die without leaving a will, the house will pass to their nearest relatives, rather than to you.

This can, understandably, cause a lot of frustration, especially when the grieving partner knows that it wasn’t their partner’s wish.

Cohabitees faced with this unwelcome scenario don’t have a right to inherit.

They must, instead, bring a legal claim against their deceased partner’s estate.

The court would take into account many factors, such as the size of the estate and the surviving partner’s financial circumstances.

It would then decide, at its discretion, whether assets should pass to the surviving partner or not.

This is an expensive and time-consuming process to go through at what is already a troubling time.

Things are understandably more complicated when one or more partners have children from a previous relationship, but there are ways to protect both parties.

For example, if you own your property jointly with your partner, you could leave your share of the property on trust for your children, while giving your partner the right to carry on living there for a designated time, or even for the rest of their life.

Your share of the property would pass to your children when the “right of occupation” comes to an end.

Some assets pass outside a will, such as life insurance policies written in trust and joint bank accounts, and you may feel as though your partner will be well provided for if anything happens to you, but financial circumstances can change over time, bank accounts are closed and life policies lapse.

Why leave things to chance?

If you are living together and are not married, making a will is an important way to protect each other in the future.

Contact one of our specialists in the wills team and we will be happy to guide you through the process.

Contact Emma Baker on 01768 800855 or Rachael Stephenson on 01228 552222 for more information.

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