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Did you know? Are you married/in a civil partnership or living together? - Part 4


WHY DOES IT MATTER?

What different rights do parties who live in England or Wales who are married in a civil partnership and people who are not married/civil-partners, or don’t have a legally valid marriage, have? (The law in Scotland is different)

Right

Married

Not legally married

On death – the estate and who is entitled to inherit

It is advisable to make a Will – the Will says who inherits. If there is no Will then the spouse inherits all the estate unless there are children when they will get a fixed amount. If the spouse is not adequately provided for in the Will they can make a claim as a dependent.

It is advisable to make a Will – the Will says who inherits. If there is no Will then a cohabitee may get nothing (unless the property is jointly owned). A cohabitee can make a claim as a dependent or if they were made promises that they have relied on to their detriment.

Rented Housing on death (the rules vary depending on how long the tenancy is for and what sort of tenancy it is)

A spouse (if not also a tenant) can usually claim successor’s rights (if there are any)

Cohabitees  (if not also a tenant) will usually be able to claim successor’s rights (if there are any)

 

Continued in Part 5 next week.

Added: 12 Feb 2018 14:54


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