My partner died, we weren’t married - what are my rights?

Living together may not lead to marriage by "common law", so it’s important for couples, who are cohabiting but unmarried, to discuss and understand their rights in the event of a sudden bereavement.

Such conversations can be uncomfortable, however, planning ahead could save more than heartache - failure to do so might turn an already trying time into an even tougher legal endeavour.

If you pass away without leaving a legally valid Will in place, the rules of intestacy will determine how your estate is distributed. In England and Wales, these laws state that only husbands, wives or civil partners can inherit up to £450,000 worth of assets plus all personal possessions regardless their value when there are no children present.

If children do exist, then this figure reduces to just £250,000. It's important for those who aren't married or living together but share an intimate relationship note however - the regulations vary greatly under such circumstances.

In the absence of a living spouse or civil partner, and if there are any surviving direct descendants (e.g grandchildren), then their inheritance will be divided amongst them in equal parts. If, however, no such relatives exist but instead parents still alive, they would receive joint ownership of the estate left behind.

If there are no surviving spouses, descendants or parents of the deceased, their siblings will inherit equal shares of their estate. Should a brother or sister have predeceased them then these inheritance rights would pass to said sibling's offspring - such as nieces and nephews.

However, if there are no living relatives whatsoever, the entire estate will be given to the Crown.

Although we live in an era where modern relationships are varied, the law has not yet kept up with these changes and unmarried couples may receive nothing when their partner dies.

Even if life together is shared for many years, there can be serious implications as to who will own a property or assets owned jointly without a legally valid civil partnership in place. This makes it increasingly important that individuals understand how they would be affected should tragedy strike.

We’re open to discussing your situation with you and putting a Will in place if you require it.

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