The Importance of having a Will

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

The survey found that 60% of cohabitees in the South East were unaware of the rules of intestacy and what happens to their estate if they die without a Will. 

The South East fares slightly better than the wider UK picture, with 68% of cohabitees from across the country unaware of the risks without a Will. 

This lack of awareness could have devastating consequences for many families in the region, 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, included: 

• 27% mistakenly believe their estate would automatically pass to their partner 

• 18% admitted they were unsure what would happen 

• 12% said they had never even thought about the issue 

• 3% 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. 

Peter de Van Franks, Will Aid Campaign Director, 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. 

De Vena Franks added: “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 seven 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 £100 for a single basic Will and £180 for a pair of basic ‘mirror’ Wills. 

Appointments are available from September, and you can sign up by visiting www.willaid.org.uk. 

Donations to the campaign are shared by Will Aid’s partner charities, which operate both here in the UK and around the world. 

For more information on Will Aid and how to get involved visit www.willaid.org.uk