Inheritance myths leaving unmarried couples with nothing

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1 in 3 people wrongly assume their unmarried partner will inherit everything if they die without a will, new research from Lime Solicitors has revealed.

The data shows that significant proportions of both married and unmarried Brits are misinformed about who will inherit their assets if they die without a will, exposing widespread confusion and misconceptions about inheritance laws.

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According to new polling from Lime Solicitors, there is a concerning lack of recognition for the legal vulnerability of unmarried partners under UK law. Only 56% of the population understand that married spouses, or those in a civil partnership, will inherit the bulk of an estate, if not all, if their partner dies without a will. UK intestacy law does not automatically grant inheritance rights to unmarried partners.

In England and Wales, when one member of an unmarried couple dies, the entire estate goes to the deceased’s children or, if the deceased has no children, it will go to their parents and then to their siblings, nieces and nephews and so on. If there are no blood relatives, then the entire estate goes to the Crown.

Lime Solicitors is calling for better education on the importance of having a will, as misunderstandings about inheritance laws can leave loved ones with nothing.

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Debra Burton, Partner in Inheritance Disputes at Lime Solicitors, said: “This survey reveals a pressing need for greater public awareness and education about the importance of having a will. Misconceptions about the inheritance rights of unmarried partners, particularly around the myth of common law spouses, can lead to significant emotional and financial distress for surviving partners. They will have no automatic rights to their loved one’s estate and will be left having to bring court proceedings against the beneficiaries for reasonable financial provision from their partner’s estate.

“This provision will be limited to what is reasonable for that person’s maintenance and is unlikely to match up with what they were expecting to receive and/or had been promised by their partner during their lifetime. If the estate has passed to family members with whom the partner does not get on with and there is friction and animosity, for example adult children from a previous relationship, this frequently leads to lengthy, expensive and emotionally charged disputes after a loved one's passing. By encouraging everyone to draft a will, we can ensure that their wishes are honoured, and their loved ones are protected.”

Interestingly, the majority of respondents displayed a strong sense of independence regarding their wills. Two-thirds (66%) of those surveyed asserted that no one could pressure them into including someone in their will. The majority of people (59%) also stated that they plan on leaving an inheritance. Yet despite many respondents clearly wanting to leave an inheritance, and to make autonomous decisions about their estate, a large number are alarmingly ill-informed.

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It is essential for people to be better educated when it comes to will writing, so that they can ensure their assets are distributed according to their wishes, and that they can safeguard the future of those they care about most.

Andrew Wilkinson, Head of Inheritance Disputes at Lime Solicitors, added: “As the number of people living together but not in a marriage or civil partnership steadily increases, it is important to remember that the legal rights for unmarried and married couples are not the same.

“Our data shows that many couples still believe that simply by living with their partner they will automatically be entitled to a share of the other’s estate after their partner passes away. Yet without a will, there is no guarantee that your assets will be distributed as you intended, or that your unmarried partner will receive a share of your assets. We encourage everyone to have conversations about their end of life wishes early, to ensure your wishes are respected.”

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