What would happen to my partner if I die without a Will?

In the eventuality that the unthinkable happens, you will need a will to make provision for your partner or spouse.  This will not only ensure that they are financially provided for, it will saves months of painful legal process and potential disagreements with other relatives.

Making a will is not always on the forefront of everyone's mind especially when daily living, work, and other things take over. However, it is a sound part of your overall financial planning.

If you happen to die before you have had chance to set out your wishes legally, it can leave the people around you in a difficult spot. In the case of unmarried partners it may mean that they have no legal rights to your home or finances, no matter how long you have been together.

There may be other people that you intend to leave money, property or other items to, but without a will in place there is no instrument by which to enforce these wishes legally. This can leave your nearest and dearest in a predicament. Not to mention that your property and assets may be distributed in a way that you would not approve.

People that cannot automatically benefit from your death if there is no will in place are individuals like:

Unmarried partners

Gay and lesbian couples that are unmarried or not in a civil partnership

Close friends or associates


The same is true if you happen to be divorced. If you are no longer married the surviving partner cannot inherit under the rules of intestacy. This rule is often misinterpreted by 'common law' couples; those that have been co-habiting for an extended period of time.

A lengthy period of co-habitation period is often misinterpreted as being a substitute for marriage. Many people in this situation mistakenly believe that they will automatically inherit should the other partner die. Unfortunately, without a marriage or a will in place the law does not uphold this belief.

Without a will the unmarried partner may be passed by altogether if the deceased has surviving children. Regardless of how long the couple has been in a relationship, the money of the deceased would pass down to surviving offspring.

There are some exceptions to these rules, jointly owned property for example such as a home or bank accounts will be automatically inherited by the other party and are not counted as part of the deceased estate.

To avoid such unpleasant proceedings and confusion, the best way to affirm your wishes is to document them legally by way of writing your will. While this process used to be somewhat arduous, it has now become relatively easy with the ability to prepare your will online.

Affio has partnered with legal experts to create a simplified and affordable process for you to document your wishes. It is as binding as any other will in the legal sense, and we guide you through every step of the way.

Don't put it off any longer, make sure your partner or spouse is adequately provided for by starting your will today. It's easier than you think and your information is stored securely on our encrypted servers.

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