Why Unmarried Couples Must Make A Will
No one likes to think about what happens when they die. But if you don’t, your family could suffer. Considering that 7 out of every 10 people die without having made a valid will, you might be wondering "why should I bother?" The absence of a valid Will can often result in delays, increased anxiety for relatives and possibly costly legal bills, especially where there is disagreement amongst those left behind. Not the ideal legacy for a family in mourning
Making a Will means that what you own goes to those you care most about and not to those that the law has chosen. If you have young children, you can include in your Will the name of the person you would like to care for them rather than leaving the decision to the courts or social services.
Married couples have many legal protections, however unmarried couples do not have the same advantage and are therefore more vulnerable on the break up of the relationship or the death of one party.
It is very important for unmarried couples to consider if a party should die without leaving a Will, the surviving party may not inherit anything from the deceased's estate. It will be difficult to prove the deceased's intentions as there is no Will and also the contributions both parties have made to the relationship. It may even turn out that a person e.g. deceased's parent or sibling would inherit the entire estate, instead of the deceased’s partner.
Unmarried couples have traditionally bought joint property as "tenants in common" so that upon the death of one party his or her share would pass according to the Will or in the absence of a Will the intestacy rules. There is a possibility therefore that the surviving party would not inherit the deceased's share in that joint property, and be forced to sell it etc. By ensuring the property is jointly owned in the correct manner, disputes upon a relationship breakdown can also be avoided.
When an unmarried couple have a child, then it is only the mother who has automatic parental responsibility for that child. She can appoint guardians by her Will but the father does not have the same right, unless he registered the birth with the Mother. In the event of the mother dying or being unavailable for the child, the father could then make certain decisions in her absence. He would also be able to appoint guardians for the child in case something should happen to him.
Another important area to consider is the appointment of your Executor. It is commonplace for spouses and indeed Partners to want to appoint each other to act on the deceased partner’s behalf. However, under the intestacy rules the surviving Partner has no right to apply to the Court to effect Probate as he or she is not deemed to be a relative. The task can only be performed by a sibling or parent, making the surviving partner feel further alienated from the situation.
To prevent any disputes always try to make sure that your have a Will which is clearly written, and is not ambiguous in any way. Your wishes should be clearly and concisely stated. Of course staff at Brooker Alexandra Speed would be happy to assist you in any way they can.
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