A well drafted Will is the only way cohabiting couples can protect themselves

The Law Society has warned that over a million unmarried couples face the threat of inheriting nothing should their partner die without making a Will if they have dependent children. This applies equally to same sex couples who have not married or entered into a civil partnership.

Under the laws of intestacy, dependent children would inherit a parent’s entire estate in this situation, and the cohabiting partner would receive nothing.

Law Society President Andrew Caplen said that under the rules, assets passing to children would be held in trust until they turn 18. This could leave the surviving partner with no access to funds, regardless of what their partner’s intentions had been. Mr Caplen said: “Further, these assets must be paid to the child when they turn 18 - there is no other option. Many people would regard 18 as far too young to receive what could be a substantial sum of money. A properly drafted will can ensure trustees hold the sum until a later age when children are more able to deal with an inheritance.”

Mr Caplen highlighted that the only way couples who do not wish to marry or enter a civil partnership can ensure that their spouse does not encounter financial difficulties on their death is to draft a Will: “Dying without one, not only means your final wishes go unmet, but could leave problems for your loved ones to sort out. Don't make this mess your legacy," he advised.

If you’d like information on drafting a Will to protect your family, please contact Vicky Jones at Lawson-West on 0116 212 1000. We can also help with probate, inheritance tax and court of protection applications.

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