INTESTACY RULES
BROUGHT TO YOU BY ROTHERA DOWSON AND HM GOVERNMENT
THE UNMARRIED PARTNER
If you’ve not made a Will or thought about doing so, don’t worry! The Law of England & Wales thoughtfully writes one for you in the Intestacy Rules, even though you’re far too young to die.
Many people live together before getting round to the paperwork. But without a marriage certificate or a formal written cohabitation agreement or a valid Will, there will be huge problems if one of the couple dies. The surviving partner will often get nothing and be at the mercy of the blood relatives. Sometimes that’s just what you want if the relationship is very short, but if you’ve been together a while, it can be a disaster. As there’s no such thing as a “common law spouse” the result is a complete lottery, and can produce a cruel result.
Imagine a couple who believe the State has no say in whether they should get married or be free to make Wills.
Here’s one of their “Invisible Wills” in Plain English.
This is the Last Will and Testament imposed by HM Government on me Mr NONE-TOO-CARING COHABITEE who (despite not writing a Will knowing the UK death rate is 100%) really am of sound mind, honest.
1. My funeral wishes...
... never really thought about it, despite going to a few. Anyway I give my partner zero say. I prefer some family member (any of them) to organise everything and decide who’s invited.
2. I appoint as my executors...
... some arbitrary member of my family. Including my ex-wife and her new boyfriend.
3. I leave my personal effects and all my photos and the contents of my house to my closest blood relatives, with my partner keeping...
... nothing.
4. If I get round to opening a joint bank account with my partner, she can keep what’s in it, but if not, I leave her...
... no cash at all. Not even what’s in my wallet.
5. As for the house still in my name, I give my family...
... the legal right to start immediate eviction proceedings against my partner.
6. Once my partner and I have lived together for two years (however that’s defined) I leave her...
... nothing in her own right. But if she’s quick and full of courage, she now has the right to start expensive court proceedings against my family for “reasonable financial provision” out of my estate, but without any guarantee of success or of keeping this or any roof over her head.
7. If I have added her to the deeds so she will inherit our home, but she doesn’t survive long enough to get any lasting enjoyment from it, I give my house instead to...
... her blood relatives, including the ones I don’t like. Nothing for my own children - they’ll get over it.
8. I give my death in service benefit from work and my various pension pots to...
... don’t know, don’t care, won’t be here.
9. I leave my church and my favourite charities and all my god-children...
... nothing.
10. If there’s a child (either mine, or the partner’s, or even our own) then acting in the best interests of that child I appoint as Guardian one of the following...
... either the unsuitable surviving parent or not the surviving parent (too busy to register the birth) or whoever now applies to Court for an order (who pays for that?) or Social Services (too few orphanages left). Anyway, not anyone chosen by me or the child.
11. I leave the taxman...
... as much as he can get. I know the Government needs cash, and I approve of what they’re spending it on.
12. In short, I leave everyone...
... a rather Big Mess at the worst possible time.
Signed (in invisible ink) by me Mr NONE-TOO-CARING
COHABITEE as my Last Will (whether I really want it or not):
IF THIS IS NOT WHAT YOU WANT, YOU REALLY NEED TO WRITE A WILL.
ROTHERA DOWSON CAN HELP YOU WITH THIS.
It may not cost very much. And what it does cost is money you’ll never in fact ever spend on yourself. Treat it as a first instalment of what you’re leaving to the people you really want to inherit.
For some clients it can even be done for free. For more information contact the Wills & Probate department at Rothera Dowson Solicitors on 0800 124 4012.
