Simpler Law finds that 1 in 4 UK adults wrongly believe they’d inherit partner’s wealth if unmarried
- Helen Claydon
- 2 hours ago
- 3 min read
Today, we finally get to release our new research which has unearthed some surprising findings regarding cohabitation rights. The Government has just launched a high-profile review into the matter, but we have found that there is actually a sizeable gap between public perception and the legal reality. As Estate Planning specialists, we believe it is important to understand where the UK public stands on the matter.
Just 26% of people know that cohabiting partners currently do not have any legal right to inherit from their partner should they pass away intestate (without a Will),
Our survey has brought to light confusion amongst UK residents:
28% of respondents believe their unmarried partner automatically inherits everything they share
18% think they would inherit their partner’s half of a shared home, but not their personal wealth
27% honestly admit that they have no idea where they stand legally
A rising number of people from younger generations have been choosing not to marry, which has been a prominent factor in the Government’s decision to review. It is believed that there is a demand to modernise the law along with the new age. However, our findings suggest that the public is deeply split on whether automatic rights should be granted at all.
30% of people firmly believed that cohabiting couples and married couples should “Never” receive the same treatment, making it the number one answer. Surprisingly, there was resistance even amongst the Government’s target demographic: 29% of 18-34-year-olds answered “Never”.
A significant probationary period for cohabiting couples is expected by those who support change. Five years being the most favoured answer (21% of the overall vote). This indicates that even those who support rights among cohabiting couples becoming automatic, believe there should be proof of a committed and long-term relationship.
This does raise concerns. Should a couple choose to keep their relationship quiet for a multitude of reasons, in what way would the surviving partner demonstrate proof of relationship when families deny its existence? Alternatively, in a more sinister scenario, would it be possible for a surviving housemate to attempt to claim from the person who has passed? These are all factors that would need to be considered should the Government decide on cohabitation rights via probationary period.
Under current UK intestacy laws, when an unmarried person dies without a Will, their estate automatically passes to their children, parents, or siblings. This completely bypasses their surviving partner, regardless of how many decades they have lived together, even if they have children. In the case of no surviving relatives, their wealth would go straight to the Crown and with no legal standing or claim as an unmarried partner, there would be nothing to stop this.
Highly concerning, is the fact that 56% of UK adults do not have a Will. It is also alarming that 22% of adults over 65 years of age still do not have one.
Only a quarter of those with a Will created theirs before the age of 35. Before this age, it is likely that people are cohabiting with a long-term partner. With a rise in people getting married later in life, instead choosing to focus on other aspects of their lives, it is more important than ever to have a Will in place. As of 2023, the Office for National Statistics confirmed a median age of around 34 years of age for people getting married, making the statistic of those under 35 not having a Will more concerning.
At Simpler Law, we urge cohabiting couples to take control of their legacies and seek professional advice on their Estate Planning. The alternative would be waiting for what are likely to be complex, highly contested changes to Estate Law. There is also the possibility of being put in the difficult position of having to claim against legally entitled beneficiaries, possibly one’s own children.
It is our goal to ensure that Estate Planning is accessible and uncomplicated for as many people as possible.
Avoid the uncertainty and do something to begin giving yourself some peace of mind, get your Will written exactly to your wishes with professional services. Get in touch and do something amazing for your loved ones (especially your partner).
Sources:
Survey of 2,015 UK adults commissioned by Simpler Law
Research from the Money and Pensions Service
Research from Today’s Wills and Probate
Data by Office for National Statistics
