Poll reveals majority of cohabiting couples unaware of inheritance risks without a Will

A new survey conducted by Will Aid, the national Will-writing campaign, has revealed an alarming gap in public understanding about inheritance laws affecting cohabiting couples.

The survey found that 68% of cohabitees were unaware of the rules of intestacy and what happens to their estate if they die without a Will.

This lack of awareness could have devastating consequences for many families across the UK, as cohabiting couples—regardless of how long they have lived together or whether they have children—are not automatically entitled to inherit from one another if one partner dies without leaving a Will.

Key findings from the poll, include:

32% mistakenly believe their estate would automatically pass to their partner
17% admitted they were unsure what would happen
11% said they had never even thought about the issue
8% thought their estate would go to close friends

The Rules of Intestacy dictate how a person’s estate is distributed when they die without a Will.

These rules prioritise spouses, civil partners, and blood relatives, often leaving cohabiting partners with no legal right to inherit anything. This could leave surviving partners facing significant financial hardship, particularly in cases where they are dependent on the deceased's income or home.

Trusha Velji, solicitor at Touch Solicitors said: '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.

'If you are cohabiting as a couple, the law does not recognise you as common law spouses, even if you have children together and have lived together for many years.

'Therefore, if you do not have a Will, the Rules of Intestacy will apply, and your partner will be completely disregarded.'

The annual Will Aid campaign sees solicitors across the UK volunteering their time to write Wills throughout November, so it is an ideal time for people who are cohabiting to get their wishes professionally drafted in a legal document, which will help to protect their loved ones in the future.

Peter de Vena Franks, Will Aid Campaign Director, said: 'Will Aid is the perfect opportunity for unmarried and cohabiting partners to get a professionally written Will in place.

'Without a Will, surviving partners may not be automatically entitled to inherit, leaving them in a vulnerable position – and it’s particularly worrying that so many people aren’t aware of this, and don’t fully understand the Rules of Intestacy.

'By participating in Will Aid, couples can ensure their wishes are clearly documented, giving both partners peace of mind that their loved one will be provided for in the event of their death.'

Will Aid is a partnership between the legal profession and eight of the UK’s best-loved charities.

The initiative, which has been running for more than 30 years, sees participating solicitors waive their fee for writing basic Wills every November.

Instead, they invite clients to make a voluntary upfront donation to Will Aid – the suggested amounts are £120 for a single basic Will and £200 for a pair of basic ‘mirror’ Wills.