If you're unmarried but living with someone, you really should consider making a will. That is the message the Law Society is keen to get across to the ever-growing number of people who choose to live together rather than marry.
Imagine the situation - a couple have lived together for years, but aren't married. They both contribute to the running costs of their home, but it is owned by only one of them. To all intents and purposes they live like husband and wife. That is, until one of them dies - then the real problems start.
This is because in the eyes of the law, a couple who are living together "as man and wife" have none of the rights of an actual married couple - particularly when it comes to sorting out a deceased partner's belongings (or "estate"). Your partner is effectively treated like one of your friends rather than a family member. This is true of both same sex and opposite sex relationships.
If you have not made a will, the Government will in effect make one for you when you die. There are fixed rules which determine who gets what, if anything, from your property and possessions - which could mean your friends, your favourite charities and even some relatives may get nothing. More importantly, the person you have been sharing your life with could end up with nothing, unless your property was in joint names before you died or he or she goes to court.
When there is no will, the distribution of the deceased's estate is governed by complicated rules known as Intestacy Rules. These state that the estate will be passed onto the next of kin - or the closest relative - by-passing the surviving partner. In extreme cases, the next of kin could even enforce the sale of the property from under the feet of the surviving partner.
Long-running family disputes could also surface as people try to get their own back on the surviving partner by cutting them off leaving them with very little indeed.
Fortunately it may not be all doom and gloom. If the surviving partner was financially dependent on the deceased, or they had lived together for more than two years before the death they can go to court to make a claim on the estate. This however, involves complicated legal proceedings, which could last many months before a decision is made. All this on top of the distress of having lost their partner.
Whichever way you look at it, when you consider what is at risk, things would be so much easier if both partners made a will. That way the couple could put themselves in control and leave each other whatever they wanted - including the property and any other items they may have bought together. For less than a cost of a TV licence, they could have the complete peace of mind a will brings, and the assurance that should the worst happen, their partner will not be left out in the cold.
So the message to couples living together is that if you don't want to worry or leave your partner in a potentially very difficult and distressing situation, make a will. Now, before it is too late.
