Not everybody chooses to make a Will during their lifetime - instead they die intestate (die without a Will).

If you choose not to make a Will, then by law your assets pass to your next of kin. This is usually a parent, sibling or child. If you’re married or in a civil partnership, your spouse would be your main Beneficiary and would inherit the majority of your estate. However, if you are unmarried then this will not be the case.

If your partner dies and you are not married, you may need to make a claim against their estate. You have six months after they have died to make the claim, and so should speak to a Wills Solicitor as soon as possible. The maximum amount you can receive is the same as what you would have received if you were married, and so would depend on what assets are in the estate. Ultimately it will be for the Courts to decide how much you receive.

If however, you’re unmarried but your partner died leaving a valid Will and did not name you in it, you may still be able to make a claim against the estate. To do this, you would need to prove that you were financially dependant on your partner before their death.

It’s always easier to make a Will to ensure that there are no problems after your death. Dying without a Will can make an upsetting time even worse.

If you’re looking to make a Will to protect your Partner, please give our Wills & Probate Solicitors in Rochdale a call.