It is a common misconception that people who live with their partner (known as cohabitees) enjoy the same rights as married couples. A recent survey conducted by Will Aid revealed that 32% of cohabitees mistakenly believed that their estate would automatically pass to their partner on their death. Many cohabitees think that if they live with their partner for a certain period of time, they will acquire the same rights as a married couple, but this is not the case.
Of course, your partner may have a will in place which leaves some or all of their estate to you. However, over 50% of UK adults have no will in place.
If your partner dies without having a valid will, their estate will be governed by the intestacy rules. The intestacy rules set out who will inherit in order of priority. The people who are entitled to inherit from an estate are known as beneficiaries. If your partner is unmarried, then the beneficiaries of their estate might include their children, their parents or their siblings. The intestacy rules do not make any provision for cohabitees, so you will not automatically inherit anything from your partner’s estate if they die without a will.
If your partner dies without a valid will, you might be able to inherit from their estate if the beneficiaries are willing to enter into a deed of variation to redirect some or all of their estate to you. The same could apply if your partner left a will. The beneficiaries of your partner’s estate (under their will or the intestacy rules) could agree to you inheriting. Deeds of variation can have tax consequences, so it is important to take legal advice before entering into one.
Alternatively, you may have a claim against your partner’s estate under the Inheritance (Provision for Family and Dependants) Act 1975 (often known as the “1975 Act”).
The 1975 Act allows certain categories of people to bring claims against estates if reasonable financial provision has not been made for them. You may be entitled to bring a claim against your partner’s estate if you lived together as if you were a married couple for two years immediately before your partner’s death, or if you were financially maintained by your partner immediately before their death.
Interestingly, for the purposes of the 1975 Act, a couple can be living together without physically residing in the same house. Perhaps because they are living across two properties, or because one person is temporarily in a hospital or care home. The court can take a flexible approach, looking at the tie between the two people and the commitment between them.
Your claim under the 1975 Act would be for reasonable financial provision from your partner’s estate. A court would look at what financial provision it would be reasonable for you to receive in all of the circumstances for your maintenance. Maintenance needs are generally taken to be day to day living expenses. You may argue that you have a need for maintenance because, for example, your outgoings exceed your income, you aren’t adequately housed, or you have debts to repay.
The court will look at a number of factors to determine what reasonable financial provision is in each case, including your financial needs and resources, the financial needs and resources of the beneficiaries, the size of the estate, and the conduct of those involved.
Claims under the 1975 Act can be long and complex, so it is important to take legal advice early on. If you require assistance in relation to any of these issues, then please get in touch and one our specialist private wealth disputes team will be happy to discuss matters with you.