Last updated on April 2nd, 2015 at 02:56 pm

• 9 million opposite sex couples cohabiting (almost double the 1996 figure). There are also 1.9 million dependent children living in these households.
• 89,000 same sex couples cohabiting (a 450% increase from 1996). There are also 20,000 children living in these households.

However, the increase has not been matched by the number of co-habiting couples who realise that they need to make a will if they want their partners to inherit their estate when they die. In fact, the ‘common law wife/husband’ myth is still very much alive today, with thousands of co-habiting couples leaving themselves, and their children, financially vulnerable should a partner die.

Choose a written ‘will’ over intentions

Despite recent Law Commission consultations, the law remains the same for co-habiting couples as it always has. Unlike married couples, who will automatically inherit some of their spouse’s estate when they die, even if there is no will, if one of a co-habiting couple dies without making a will, the estate will pass according to the laws of intestacy – which are almost 100 years old! This means that even if the deceased had intended the partner to inherit any estate, if the intention is not written into a will the estate will go to children, parents or siblings instead. It is possible to go to court to make a claim against the estate under family provision legislation, but it is complex and could mean that parents and children end up squabbling over family inheritance.

Without the certificate, you aren’t ‘man and wife’

David Coffey, head of Graysons’ wills and probate department, says “It really does surprise me how many unmarried couples (or those who have not entered into a civil partnership) think that they will inherit their partners’ assets if they die without having made a will, just because they have lived together ‘as man and wife’. It simply isn’t true. There really is no such thing as a ‘common law’ husband or wife, and if the couple are not married or in a civil partnership, they are not protected by the same laws as those who are. Put simply, co-habiting couples need to make wills if they want their partners to inherit any of their estate when they die.”

Is there any other way to protect an estate?

David (pictured left) says ‘At present, there is no way in which you can protect inheritance and ensure it goes to your partner if you are unmarried or not in a civil partnership, other than making a will – no matter how long you have lived together.”

So what now?

Making a will is simple and not the daunting task that many people assume it will be. For further information, or advice on making your will if you are a co-habitee, please contact David, or a member of his team on 0114 272 9184, or email wills@graysons.co.uk.