Accountants warn cohabiting couples
31st May 2007

Chartered Accountants Naylor Wintersgill report that it is not uncommon for cohabiting couples to believe that they have the right to automatically inherit the assets of their partner upon death. They warn that this is not the case and stress the importance of making a will.

Cohabiting couples do not have the same inheritance rights as married couples and should a partner die, leaving no will (known as Intestate), then the estate will be distributed according to the law of Intestacy. This typically means that married or civil partners get the majority of assets, with the remainder going to children or other family members. If not included in a will, a cohabiting partner can be left with nothing.

Vaughan Houldsworth, Tax Partner at Naylor Wintersgill, comments,‘There is a common misconception among many cohabiting couples that they have rights because of their ‘Common Law marriage’ however this is not a legally recognised status. We would encourage all cohabiting partners to ensure that they have a will rather than risk having to pass their partners possessions on to someone else on their death.’