Majority of cohabiting couples unaware of inheritance risks without a will

A recent survey conducted by the national Will-writing campaign, Will Aid, has exposed a troubling lack of awareness among cohabiting couples about the potential financial risks they face if they die without a Will. The poll found that 68% of cohabitees do not understand how the Rules of Intestacy work, leaving many in a precarious position should one partner pass away.

One of the most concerning findings of the survey is that 32% of respondents mistakenly believed their estate would automatically go to their partner, while 17% were unsure what would happen to their assets. Alarmingly, 11% said they had never considered the issue, and 8% even thought their estate would pass to close friends.

The Rules of Intestacy, which dictate how a person's estate is distributed when they die without a Will, prioritise spouses, civil partners, and blood relatives. This leaves cohabiting partners without any automatic right to inherit, regardless of how long they have lived together or whether they share children. Without a Will, surviving partners could face serious financial hardship, particularly if they were dependent on the deceased's income or shared property.

Trusha Velji, solicitor at Touch Solicitors, emphasised the widespread misconception of "common law marriage." She explained, “Many people assume that after living together for a period of time, they automatically become common law husband and wife, but this is not the case. The concept of 'common law marriage' ceased to exist a very long time ago.”

Velji added, “If you do not have a Will, the Rules of Intestacy will apply, and your partner will be completely disregarded."

Will Aid’s Campaign Director, Peter de Vena Franks, urged cohabiting couples to take advantage of the annual campaign to ensure their legal affairs are in order. "Will Aid is the perfect opportunity for unmarried and cohabiting partners to get a professionally written Will in place,” said Franks. "It’s particularly worrying that so many people aren’t aware of the Rules of Intestacy, leaving them vulnerable in the event of a partner's death.”

Will Aid, a partnership between solicitors and UK-based charities, allows individuals to have a basic Will written in exchange for a donation. The campaign runs every November, with solicitors waiving their usual fees to help raise money for charitable causes. The suggested donation is £100 for a single basic Will and £180 for a pair of ‘mirror’ Wills, providing an accessible route for cohabiting couples to protect their assets and loved ones.