Should Unmarried Couples Have a Will?
14 Apr, 2023 . 3 min read

Should Unmarried Couples Have a Will?

It is indeed a myth that unmarried couples that are living together for a long time are ‘common law' husband/wife. For your near and dear ones, you appear so. But in the eyes of the law, you aren’t.

Unmarried couples have no right to inheritance when their partner dies. But with a Will, you can plan out your estate. With a Will in place, you can ensure the security of your partner, even leave them your property, savings, or responsibility of your pet.

In this blog we talk about the importance of making a Will for unmarried couples, what happens if you don’t have one, and how to write a Will.

Benefits of Making a Will

History says that more than half the adult population haven’t made a Will. But for partners living together, it’s critical to discuss their property and security rights at the right time and plan well for each other’s benefit.

Having a Will can ensure all of that. Additionally, both parties can appoint legal guardians for their children (if any) and set a plan in place about the next steps when both partners die.

Although there’s nothing you can do from the inheritance tax perspective, having a Will ensures the optimum financial safety for the unmarried survivor.

Do we need a Will if we’re an Unmarried Couple?

The answer is YES. You must make a Will as an unmarried couple.

Without a legal document of your marriage, your partner cannot be the lawful beneficiary of any of your estate no matter the duration of your relationship. Having a Will, therefore, puts things into place and ensures your partner’s safety after you.

Frequently Asked Questions

  • Who Inherits If My Partner and I Are Not Married? 

If your partner dies, you cannot legally inherit any of their property unless you both were 50-50 owners. Their property becomes the state’s to deal with and the laws would decide the next of kin order. This establishes the legal entitlement to the decedent’s assets. (And no, the state doesn’t side with the unmarried partner)

  • What Legal Rights Do I Have If My Partner Dies?

Unfortunately, there are no legal rights if your partner dies without having a Will. That is why it is important to have a solid estate plan in place to protect your loved one after you. Otherwise, you’ll be severely lacking.

  • What happens to my mortgage if my partner dies?

When you and your partner share a joint mortgage, you’re likely to pay it all if your partner dies before you. And with the risks involved, you may even have to take up another mortgage to ensure you can keep paying the bills.

With a Will, you can steer clear of such issues. Leaving enough money and savings for your partner will support them in your absence until at least they can look after things on their own.

How to Write a Will from the comfort of your home?

Our legal team can help you with all your Will-related queries and guide you with the needful. It takes only 15 minutes to write a Will from the comfort of your home with our services. Here’s how you can write a Will with us:

  • Register and fill in the necessary details

A banking-level secure form will be provided to you to collect your asset details for the Will.

  • Legal vetting

Once we receive all the details, our legal team drafts your Will and mails it to you for your review. We make any changes for free.

  • Signature

Take out a printed copy of the PDF file we sent you via mail and sign on it.

Make plans so your loved ones can be safe when you’re gone

It is indeed lovely to have a life set up with your partner without having to worry about making your relationship official. Marriage is not everyone’s cup of tea. But as long as both parties are on the same page, they can lead a happy life even without marriage. In fact, most couples choose to live together rather than get married nowadays.

We absolutely adore this kind of understanding and the nature of such relationships. However, in the eyes of law, you cannot ascertain the downfalls of it.

Given the present economy and family disputes, there can’t be any excuse to not have a Will, even for unmarried couples. If you don’t have enough time at the end of the day for this decision, you can simply call us and we’ll make things quick and easy for you.

In every way, make life much easier by having a plan in place!

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