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Why unmarried couples should write a will

4th March 2025
The importance of storing your important documents

You have built a life together, shared a home, made memories, and maybe even had children together.

Many couples assume this long-term commitment is enough to protect their partner if the worst happens.

However, in the eyes of the law, in England and Wales, only those who are married or in a civil partnership have automatic inheritance rights.

Without a will, your partner may end up with nothing, regardless of your intentions.

Who inherits my assets if I do not write a will

When you die without a will, your property, savings and other assets will be distributed according to the rules of intestacy.

If you are married or in a civil partnership, your spouse or partner will inherit most, if not all, of your estate. If you are unmarried, your estate will pass to your closest relatives, such as children, parents, siblings, or even estranged family members you had never heard of.

Notice how your unmarried partner is not mentioned? That means your partner, no matter how long you have been together or if you have shared a home, financial responsibilities or children, could be left without any legal right to your estate.

Is that the future you want for them?

Despite the growing number of couples in the UK choosing to live together without marrying, the law has not yet been amended to reflect the reality of modern relationships.

What about guardianship of my children?

If you have children, writing a will is essential to ensure you select their legal guardian rather than the court.

While parental responsibility usually passes to the surviving parent, this is not always guaranteed.

  • Guardianship may be uncertain if the surviving parent does not have parental responsibility (if the father was not named on the birth certificate and did not acquire it through other legal means).
  • If the surviving parent is unable or unwilling to care for the child, the courts will decide who takes responsibility.

If both parents pass away, the decision is left entirely to the courts, and the child could be placed with a relative you would not have chosen.

By writing a will, you can appoint a legal guardian of your choice, ensuring your child is cared for by someone you trust.

Protect your partner and write a will

Writing a will is the only way to ensure your partner is cared for after your death.

A will lets you:

  • Make sure your partner inherits what you want them to.
  • Protect any children or dependents.
  • Reduce potential disputes and legal battles after your death.

If you are in a long-term relationship but not married or in a civil partnership, and you have been putting off writing a will or did not think it was necessary, now is the time to change that.

Do not leave your partner’s future to chance.

Contact our wills, probate and trust solicitors based across Sutton Coldfield, Lichfield and Cannock for assistance writing a will to ensure your partner is protected.