We live together in Marlow as a “common law married” couple… the law will protect him if I die, right?

In short no.  But you are not alone in thinking that!

Will-writing campaigners Will Aid have announced alarming findings among couples who live together but who don’t have a Will: a quarter think their assets will go to their partner.  But this is a sadly mistaken belief… dying without a Will means that the law steps in, in the form of the intestacy rules.  If you are unmarried or not in a civil partnership, your partner is not entitled to anything.   

Effectively you are running a double risk

No Will means you get no say over who gets what, and no marriage or civil partnership certificate means the default intestacy rules won’t recognise your relationship.  The concept of “common law marriage” ceased to exist a very long time ago, and it means nothing for any part of the law. 

Not only does this mean your assets won’t pass to your loved ones as you’d like, it means your partner might be left in a vulnerable position.  Add on top of that an administrative headache for those you leave behind, at a time when they are least able to deal with it, and you are really storing up problems for the future. 

Read our companion piece on the benefits of getting married for tax reasons.

If you would like to discuss your position and how you can ensure your loved ones will be protected on your death, please contact Bethan Chant at bethan.chant@theburnsidepartnership.com.