Q: My partner got divorced 8 years ago before he met me. Due to his marriage failing he does not want to marry again. He also won’t make a Will because he says he is too young. My concern is where would it leave me financially if, for example, he died in a car crash, especially as we have had two young children together?
A: Unfortunately, it is quite common for younger people not to make a Will, yet it is a fact that more younger people die in car accidents than older people. A further fact is that a partner who is not married to the deceased has no legal right to inherit anything from them if they die intestate, i.e. without making a Will. This can of course be particularly problematic if the couple lived together and had children together, and even more so if the deceased was sole owner of the home, as the surviving partner could be forced to move out.
Under the rules of intestacy, if the deceased was unmarried or not in a civil partnership, their estate would be inherited by any children they had. This includes all their children, so if your partner had any children from a previous relationship they would inherit equally with the children he had with you, irrespective of who has/had parental responsibility.
Hopefully, if you own a property together you will own it jointly, so that if one of you dies the deceased’s share will automatically pass to the surviving partner. But irrespective of this, the only way your partner can ensure that you are adequately provided for in the event of his untimely death would be to make a Will. Without one, your only option would be to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 and hope that the Court acted favourably towards you and your partner’s family did not challenge it.
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
