If you live together but you are not married and not in a civil partnership, the law does not treat you the same as a spouse or civil partner when one of you dies. That catches people out all the time. These packages are designed to make sure you can look after each other properly while you are alive, and that your partner is protected if you die.

Why it can still get complicated

The main complication for cohabiting couples is that the legal default position often does not match what couples assume.

Common pressure points include:

• your partner may not automatically inherit under the intestacy rules if you die without a will
• even if you have shared finances, banks and other organisations may not deal with your partner without proper authority
• if you own a property together, what happens on death depends on how the property is owned, not what you intended
• if you have children under 18, there are additional practical considerations around guardianship and access to funds

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What you typically need in place

• Wills for both of you‍
  
  • Sets out who inherits, who deals with the estate and what happens to your assets when you have both died.
• Lasting Power of Attorney for Property and Financial Affairs for both of you‍
  
  • Allows your chosen attorneys to manage finances and property if you cannot.
• Lasting Power of Attorney for Health and Welfare for both of you‍
  
  • Allows your chosen attorneys to make health and care decisions if you cannot.
• Guardianship provisions in your wills‍
  
  • If your children are under 18, this allows you to state who you would want to look after them if both parents died.

Optional but useful

• A simple information pack for your executors and family‍
  
  • A short list of what you own, where the key documents are and who to contact.
• Declaration of trust
  
  • When partners are cohabiting, it is common to have unequal shares in property. A declaration of trust takes away any uncertainty in the event of a break up
    

Downsides of not having this in place

• Without Wills:
  • your partner may receive nothing automatically, even if you have lived together for years
  • the home can become difficult to deal with, especially if it is jointly owned or there is a mortgage
    your family may have to make a claim against the estate which can be slow, stressful and expensive
• Without lasting power of attorney:
  
  • your partner may not be able to manage your bank accounts, bills or property if you lose capacity
  • your family may need a Court of Protection application to act for you, which is slow and costly
• Without clear property documentation:
  
  • disputes can arise about who owns what shares of the property if one of you paid more towards the deposit or mortgage
  • it can cause delay and legal costs at the worst possible time.

Payment options

If Sail Legal is handling your conveyancing we can add the cost to your conveyancing bill. We can also offer Klarna so you can spread the cost.

We offer two packages and you can choose what suits your budget and preferred level of risk. Do click for more details: