Q: I live with my partner and we own our own house as tenants in common. I have just given birth to twins. My mum thinks I need a Will, but wouldn’t everything go to my partner and children anyway?
A: Those who are not married or in a civil partnership do not have the same automatic inheritance rights as those who are. So, if you or your partner died without making a Will, the survivor would have no legal right over the deceased partner’s estate and would not receive anything. In these circumstances the deceased’s estate would be shared equally between their children, and if there were any children from a previous marriage or relationship, they also would be equally entitled to a share.
Making a Will can ensure that your wishes about what happens to your estate after you die can be carried out. So, if you want your partner to inherit from you, you need to make a Will. Any assets held jointly with your partner will, however, pass to him irrespective of whether a Will was in place or not.
In England & Wales when there is no Will in place at death, under the rules of intestacy there is a strict priority setting out who inherits. For those not married or in a civil partnership and without children it is as follows: Parents; brothers and sisters; half-brothers and half-sisters; grandparents; aunts and uncles; children of aunts and uncles (cousins).
In respect of your house, because you own it as tenants in common it means you each own a separate share of it, e.g. 50/50 or whatever was agreed when you purchased the property. Without a Will, under the laws of intestacy your share would pass to your children if you died and your partner would receive nothing.
It would therefore be a good idea to put a Will in place to protect your family.
This question has been answered by Victoria Wilson, a Partner with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194
