Inheritance, Civil Partnerships and Living Together

How to ensure your civil partner or common law husband or wife benefits from your estate when you die …

We have many enquiries from couples who are  living together but not married or in a civil partnership, who want to know if they have the same rights as they would if they were in terms of inheritance. In this blog we answer some frequently asked questions around this topic.

Will my partner, who I live with but am not married to, inherit my estate if I die without a Will and I inherit theirs if they die without a Will?

Unless making a Will is something that you’ve both got round to – no.

If one of you dies without a Will, and you both own the property, then your partner will inherit your property but nothing else.

Who gets the rest of your estate will be decided in court using archaic intestacy rules. Take a look at this online quiz ((https://activewills.com/info/what-happens-if-i-die-without-a-will)) we’ve designed to find out who will get your share if your partner dies without having made a Will.

If my partner who I live with but am not married to leaves me our property in their Will, will I have to pay inheritance tax (IHT)?

If your property is valued at over £325,00, then yes, you will have to pay IHT. If you were married or in a civil partnership this would not be so as when a spouse or civil partner dies, transfer of property is exempt from IHT.

Will my civil partner inherit my estate if I die without a Will and I inherit theirs if they die without a Will?

If either of you die without making a Will, your partner will inherit some (or possibly all) of your property. If either of you die and have left a Will, the other will inherit under the terms of that Will, assuming you are named as a beneficiary of course.

If my civil partner leaves me our property in their Will, will I have to pay IHT?

If your civil partner leaves a property to you, you do not have to pay IHT on it. You have the same rights as a spouse and therefore can apply for the spousal IHT exemption.

Why take the risk of not writing Will?

Of course, you can end all the speculation and ensure your partner gets what you want them to by writing a Will. Our Wills online template is quick, easy and affordable. SRA registered solicitors designed it and if you opt into our Legal Check, an expert Will writer will ensure that you have done everything possible to mitigate IHT too for just £35.

If you’re unsure whether to write a Mirror Will or a Single Will, check out our Head of Legal Services’ advice in her Demystifying Mirror Wills and Mirror Mirror on the Wall blog posts.

Next Steps?

Start a Single Will just £9.99 Start a Mirror Will just £19.99