Wills

There are no rules under  intestacy  law which provide for cohabitees. Therefore in the absence of a Will which provides for a cohabitee to benefit no provision would be made under the law for a partner. In this event the deceased’s partner’s family would receive the estate. This may include a spouse , children, parents, siblings, etc. It should be noted that spouse would be largest beneficiary even if he or she was separated from the deceased partner and divorce was intended.  

The surviving partner would therefore need to apply to the court to claim on his/her deceased partner’s estate but can only do if they were able to prove a dependency on the deceased partner and were living with him/her for at least 2 years. This application is made under the Inheritance (Provision for Family and Dependant’s)) Act 1975 and should not be relied upon. Court proceedings of this kind will take time and are stressful and costly.  

Marriage will automatically invalided a Will made prior to the marriage unless it was specifically drawn upon anticipation of the marriage. If this is not the case a fresh will should be made on marriage.