Living together and marriage - what are the legal differences?

If you live together and have decided marriage or civil partnership is not for you, you might use terms like 'my other half' or 'my partner' or call each other your girlfriend or boyfriend.

Perhaps you intend to formalise your relationship with an official ceremony but are still in the planning phase.

Partner, live-in lover, my other half

Whatever you call the love of your life, you have fewer legal rights as a cohabiting couple than if you're married or in a civil partnership.

Partners do not have a legal duty to support the other financially.

If your partner dies without leaving a Will, unless you own property jointly, you do not automatically inherit.

It's worth noting that if you do inherit money or property from your partner, you are not exempt from paying inheritance tax, as married couples are.

You must make Wills if you want your partner to inherit your personal property and bank accounts or investments. The legal fees to resolve things after your death will far outweigh the small cost of making a Will.

With a Will, you can appoint guardians for your young children. This avoids the involvement of the court and social services in your children’s personal lives. You choose the best person to care for your children if you are no longer around.

Without a Will

Without a Will, your children may not receive what you intend.

Unless you make a Will and specify your wishes, when they reach 18 your children will receive their inheritance, regardless of whether or not you think that they would make sensible choices at such a young age with a significant amount of money.

Without a Will certain assets that you may have wanted to be kept for your family’s security or for investment purposes may have to be sold.  A family business or heirloom may not be able to stay in your family. When there is something of significant value like a business, it is so important to plan ahead to avoid potential conflicts.

Without a Will, in the event of a disaster (where your whole immediate family passes away), your estate may go to a relative that you may never have spoken to, or perhaps don’t even like. But with a Will you could choose to give to your favourite charity.

Without a Will you cannot set out what is to happen if a family member dies before you. Ultimately, without a will, you are unable to exclude or include people. You must depend on the law and the government to decide the economic fate of your family and those you care about.

The gov.uk website has a simple interactive tool that will show you who will inherit if there is no Will: https://www.gov.uk/inherits-someone-dies-without-will

Choices, choices

With so many options available how do you decide who to ask for help with your Will?

There are online services, home visit services, and the traditional option of going to a local solicitor or bank.  As with any significant purchase, making enquiries and shopping around is a good idea.  Be sure to check the Will writer’s professional qualifications and credentials. A recommendation from a friend or colleague can be helpful.  TAKE CARE: Free drafting services often appoint a professional executor who will charge fees to administer your estate, whereas if you appoint a member of your family or a friend, they can choose who to ask for help. As with most things in life, if it seems too good to be true - it probably is!

Give yourself peace of mind.

Call Carisma Wills for free advice or to make an appointment.

*we use the word unmarried to mean any person who is not married or in a formal civil partnership.