Most cohabiting couples unaware of the risk of not making a will 

Two thirds of cohabiting couples admit they don’t what would happen to their money and assets if they died without making a will.

The findings are from a survey carried out by Will Aid, which says the figures show an ‘alarming gap’ in the public’s understanding of inheritance laws.

The survey also found that “a quarter of people mistakenly believe their estate would automatically pass to their partner and 7% thought it would go to close friends”.

One in five of those didn’t know what would happen if they died without making a will, and just under a fifth said they ‘never even thought about the issue.’ 

Peter de Vena Franks, Will Aid Campaign Director, said: “Without a Will, surviving partners may not be automatically entitled to inherit, leaving them in a vulnerable position – and it’s particularly worrying that so many people aren’t aware of this, and don’t fully understand the Rules of Intestacy.” 

Under the intestacy rules, unmarried partners are not recognised, no matter how long they have lived together. If someone dies without leaving a will, their estate is instead distributed to relatives in a strict legal order – starting with children, or if there are none, with parents, siblings or more distant family. A surviving partner has no automatic right to inherit the home they shared, the savings they contributed to, or any personal belongings, even if the relationship spanned decades.

In many cases, the surviving partner may have to rely on the goodwill of the deceased’s relatives or face the prospect of losing their home. Where property is owned solely by the person who has died, the partner may be left with no legal claim unless they can prove a specific financial interest, which can be costly, stressful and uncertain. Even joint assets can become complicated, depending on how they were legally owned.

There are limited options for partners who find themselves excluded under intestacy, such as making a claim under the Inheritance (Provision for Family and Dependants) Act. But these applications are not guaranteed to succeed, and they often involve lengthy legal proceedings at an already distressing time.

Will Aid says the findings underline the importance of making a will, particularly for cohabiting couples who may assume they are protected. A properly drafted will allows partners to choose who inherits, safeguard shared property, and reduce the risk of disputes at a time of grief.

Please contact us if you would like advice about drawing up a will or any aspect of wills and probate.