The term “common law partner” is widely used in everyday life, but many people are surprised to learn that it has no legal status in England and Wales. Despite popular misconceptions, living together for many years does not give unmarried couples the same legal rights as spouses or civil partners.
This misunderstanding can cause significant difficulties when a person loses mental capacity or dies without proper legal arrangements in place. Wills, Lasting Powers of Attorney and effective estate planning are therefore particularly important for cohabiting couples.
Myth 1: My Partner Will Automatically Inherit My Estate
One of the most common misconceptions is that a long-term partner will automatically inherit if one partner dies.
In fact, if you die without a valid Will, your estate will be distributed under the intestacy rules. These rules prioritise spouses, civil partners and certain family members. An unmarried cohabiting partner does not automatically inherit, regardless of how long the relationship has lasted or whether the couple shared a home and finances.
This can leave a surviving partner facing financial uncertainty at an already difficult time. In some cases, they may need to pursue a claim against the estate through the courts, which can be costly, lengthy and emotionally draining with no certain outcome.
The fix: A professionally drafted Will is the simplest way to ensure your partner benefits from your estate in accordance with your wishes.
Myth 2: My Partner Can Make Decisions for Me If I Lose Capacity
Many couples assume that if one partner becomes unable to manage their own affairs, the other will automatically be able to step in and help.
However, neither cohabiting partners nor spouses automatically have authority to make financial or welfare decisions on behalf of their partner. Without a registered Lasting Power of Attorney, banks, investment providers and healthcare professionals may be unable to accept instructions from a partner.
The consequences can be significant. Family members may need to apply to the Court of Protection for a deputyship order, which is often more complex, time-consuming and expensive than putting Lasting Powers of Attorney in place beforehand.
The fix: Lasting Powers of Attorney allow you to appoint trusted individuals, including an unmarried partner, to make decisions on your behalf should you lose capacity in the future.
Myth 3: My Partner Will Be Able to Deal with My Estate
People often assume that their partner will naturally be able to administer their estate after death.
In reality, where there is no valid will, the law sets out a strict order of priority for those entitled to apply for authority to administer the estate. A cohabiting partner may not be entitled to apply, even if they were the person closest to the deceased.
This can create practical difficulties, particularly where the surviving partner needs access to information, wishes to organise the deceased’s affairs or is continuing to live in a property owned by the deceased.
The fix: By making a Will, you can appoint a person you trust, including your partner, as your Executor giving them the legal authority to administer your estate and carry out your wishes.
Myth 4: We Have Lived Together for Years, So We Have the Same Rights as a Married Couple
Perhaps the most persistent myth is that legal rights arise automatically after living together for a certain period of time.
There is no minimum period of cohabitation that creates the legal status of marriage. Whether a couple has lived together for two years or fifty years, they do not acquire same protections available to spouses and civil partners.
For many couples, this reality only becomes apparent following bereavement or a serious health event, when it may be too late to put the necessary protections in place.
Planning Ahead
For cohabiting couples, good estate planning is essential. A valid Will ensures that your estate passes to the people you choose. Lasting Powers of Attorney allow your partner to assist if you lose capacity. Together, these documents provide clarity, certainty and protection at some of life’s most challenging moments.
The law currently offers cohabiting couples far fewer automatic rights than many people expect. By taking proactive steps now, unmarried partners can avoid uncertainty, reduce the risk of disputes and ensure that their wishes are respected both during their lifetime and after their death.
We would encourage all cohabiting couples to review their estate planning arrangements, including ensuring they have valid Wills and Lasting Powers of Attorney in place and that any property is owned in the way they intend. Taking these steps now can provide valuable peace of mind for the future. If you have any questions regarding the topics in this article, please contact us and a member of our team would be happy to guide you through the process and provide clear, practical advice tailored to your circumstances.
