Laura Cowan

Many people don’t understand the laws of intestacy which determine the legal distribution of an estate when an individual dies without a will. A quarter believe that their estate would automatically pass to their partner, even if they are not married, which is not true and 7% think that their estate would go to close friends. 17% said they had never even considered the issue.

If they die without a a will, unmarried partners are not properly protected.  In general, if one partner dies, the other will receive nothing.  If there are no children, grandchildren or great grandchildren, the estate will pass according to the laws of intestacy, and the beneficiaries will be the closest blood relatives.  This could mean the estate passing to parents, siblings or their children. This can include property if it is owned solely by the person who died, which could leave the living partner homeless.

Laura Cowan, head of Graysons’ private client team said:

“This is quite a shocking revelation, especially given that the number of people living together – not married or in a civil partnership – is increasing.  The latest statistics show that there has been an increase of 144% from 1996, when there were around 1.5 million cohabiting couples, to 3.6 million in 2021, representing 22% of all couples living together.  Despite the fact that around 46% of people think that common law marriage exists – it does not.  If you want your cohabiting partner to benefit when you die – you must make a will.”

If you want to ensure that your family’s future is secure and that your estate goes where you want it to go when you die, contact our private client experts now.  We are happy to discuss your wishes with you and provide guidance as needed. You can also find out all about making your will on our web pages.

Author: Laura Cowan