It is especially important for same-sex couples to consider putting a Will in place to ensure that they have provided for their partner after they have died, particularly if they have not entered into a marriage or civil partnership.
Statistically, same-sex couples are more likely to cohabit with a partner without entering into a marriage or civil partnership than opposite-sex couples. It is a common misconception that cohabiting couples are in a "common-law marriage" but, in the United Kingdom, this is merely a social term and actually holds little weight legally.
Therefore, there is no presumption that any assets that you own solely should pass to your cohabiting partner.
If you die without a Will, you will die "intestate". In that case, without being married or civil partners, the law will not automatically pass your estate to your partner, even if you live together. In order to provide for your partner it is imperative that you make a suitable Will to do this and make provision for your partner.
There are no Inheritance Tax reliefs for unmarried cohabiting couples and it is therefore important that you seek legal advice to establish your Inheritance Tax position. Failure to do so could see your estate being harshly taxed after your death.
Moreover, if you do not make a provision in a Will for your partner after your death then they may fall under the category of people who can bring a claim on your estate under the Inheritance (Provision for Family and Dependents) Act 1975.
For help and advice on making an appropriate Will for you, your loved one and your family situation please speak to our Private Client Team on 0808 166 8860 or 0121 746 3300.
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