Unmarried couples without a will: debunking the myths

This is the second of a series of monthly legal columns by Grantham-based multi-service law firm JMP Solicitors. Established in 2000, JMP provides services for a diverse range of local and national clients from individuals, to companies and organisations.

There are a number of myths regarding unmarried couples without a will. Here Emily Lister, wills, trusts and probate specialist at JMP Solicitors, debunks some of the most common misconceptions.

1. "I don't need a will my partner will receive everything anyway"

If you're not married, your partner is entitled to nothing from your estate regardless of how long you have been together.

Without a will your estate would pass according to the intestacy rules. This means it will pass to your children, if you do not have children it will pass to your parents, if your parents have passed away it will pass to your siblings.

1. "My partner will continue to care for my children"

If you die without a will the decision as to who should care for your children will be decided by the Government, who may decide to place the children in care.

1. "My partner can apply for probate and deal with my estate"

Probate must be applied for by the spouse, civil partner, child or sibling of the deceased, if no executor has been appointed in a will.

1. "My ex won't receive anything as we are separated"

Until you are officially divorced and have received the Decree Absolute, your spouse would be entitled to the majority, if not all, of your estate. In a will you can specifically state you do not wish to leave anything to your spouse due to the separation.

1. "My step-children will be entitled to a share of my estate"

Step-children are not provided for under the intestacy rules unless specified in a will. Adopted children and birth children are the only recognised children of the deceased, half children are also taken into account.

If you would like your wishes to be considered after you die, it is very important that a will is created.

For further advice, please call Emily Lister at JMP Solicitors on 0800 085 9966 or email [email protected].

Emily is an associate of the Chartered Institute of Legal Executives and has many years' legal experience. She specialises in wills, trusts and probate and lasting power of attorney and deputyship.