Reasons for getting advice and making a Will as an unmarried couple:
- If someone dies without making a Will, the Intestacy rules are taken into account and do not make adequate provision for cohabitees;
- If you own property together you will need a Will to ensure your wishes in relation to any property, assets or personal items are adhered to;
- Ultimately it provides a level of certainty for your loved one.
Case Study:
Jack and Jill Jenkins are an unmarried couple who have lived happily together for over 20 years at 121 Hilldown Road. They do not have any children together, however Jack has a son, Josh, from a previous relationship who he sees from time to time.
The couple have worked hard all their life and their property is worth £400,000. It was agreed when buying the property to each have a half, and the property is held as tenants in common. Jack is a saver and also has over £40,000 in a bank account.
Neither Jack nor Jill have ever seen the point of making a will but it has always been their intention that their other half should have everything they own when they pass away.
Unfortunately, Jack passes away unexpectedly and leaves Jill in a disastrous situation.
As he didn’t make a will before his untimely death, under the intestacy rules, his share in the property and hard earned savings pass straight to his son, Josh.
Jack and Jill have never had a close relationship with Josh, and Josh has now asked that Jill either sells her beloved home and gives him his father’s share of the proceeds or alternatively finds £200,000 and buys Josh out. This hard choice is having to be made at an already emotional time for Jill.
The people within this example are obviously fictitious, but the reality is this scenario is not so far reaching. Such a regrettable situation can never be foreseen but life is unpredictable and if Jack had made a will, the outcome would have been significantly different for Jill.