What happens if an unmarried person dies without a Will?

A recent survey undertaken by Will Aid has discovered that two-thirds of unmarried cohabitees (i.e. people who live together) don’t know what would happen to their estate if they were to die without a Will.

Common misconceptions

A quarter of those surveyed falsely believe that their estate would automatically pass to their partner. This is a common misconception, associated with the myth of ‘common law marriage’, which wrongly suggests that living together over a certain period grants legal rights similar to those of married couples or those in civil partnerships.

What happens in reality

When a person dies without leaving a Will, the ‘Intestacy Rules’ decide how their property and possessions are inherited. Unlike married couples, cohabiting couples in England and Wales have no automatic provisions under intestacy. So, there’s no guarantee that an unmarried individual would inherit their partner’s estate. The estate may be distributed to other individuals, leaving the individual without financial provision.

Example scenarios

To help illustrate this point, consider the following scenarios.

• Hermione is married to Harry and has never had a Will. She later leaves Harry for Ron, after a while moving in with him. For one reason or another, Hermione has yet to get round to divorcing and she dies while still married to Harry. The rules of intestacy dictate that Ron inherits nothing and (depending on the value of Hermione’s estate) either Harry inherits everything or Harry and other members of Hermione’s family inherit everything between them.

• Anthony and Barbara are unmarried. They have lived together in Anthony’s house for the last 35 years and the house is in Anthony’s sole name. They do not have children together but Anthony has an adult daughter, Catherine, who lives elsewhere with her own family. When Anthony dies suddenly without a Will, Barbara is shocked to discover that everything, including the home she lives in, will pass to Catherine via the rules of intestacy.

Examples like those above are becoming increasingly common, especially with the rise in the number of couples who choose to cohabit without marrying.

What can I do if I am affected by this issue?

If you find yourself without financial provision following the death of a partner who did not have a Will, you may have recourse under The Inheritance (Provision for Family and Dependants) Act 1975. Under the Act certain categories of people have grounds to claim reasonable financial provision from a deceased persons’ estate if they were not adequately provided for in a Will or by the intestacy rules.

Receive expert guidance from our contentious probate solicitors

If you’re considering a claim under The Inheritance (Provision for Family and Dependants) Act 1975, deadlines do apply, so we recommend seeking independent advice as quickly as possible from our experienced contentious probate solicitors.

Our dedicated Will and Inheritance Disputes team will guide you through every stage of the process, with a strategic approach, clarity and sensitivity.

For more information please contact Selina on 01228 516666 or click here to send her an email.