Are you choosing to live with your partner without getting married? It’s a completely valid choice that many are making.  

Government figures found an estimated 6.8 million people in 2022 were cohabiting (living with a partner but not married or in a civil partnership) in England and Wales, up from 5.4 million in 2012 (ONS). 

At the same time, almost half of the population believes in a “common law” marriage (Ringrose Law). The idea is that if you live long enough together, the law will treat you like a married couple. 

But that protection don’t exist. 

It leaves unmarried couples in a vulnerable position if one person dies without a will – the surviving partner will have no legal right to inherit.  

The good news is that there are ways to protect each other and avoid these risks. 

What happens if you die without a will? 

When someone dies without a will, this is called “dying intestate.”  

In this situation, the law uses “intestacy rules” to decide who gets what. 

These rules for married or civil partners are as follows: 

• For spouses or civil partners with no children – the spouse or civil partner inherits the entire estate 

• For spouses or civil partners with children – the spouse or civil partner inherits the first £322,000 of the estate, all personal possessions and then half of the remaining estate. The other half is distributed equally among the children 

• For children – if no surviving spouse or civil partner, the entire estate is distributed equally among the children 

• For other relatives – if no children, the estate is distributed among relatives in a specific order of priority. If no relatives can be traced, the entire estate passes to the Crown. 

What’s missing from this list is unmarried partners. They therefore have no automatic right to the home you’ve shared or the money you’ve saved together. 

Sometimes a partner can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but it’s a difficult process that often ends up in court (GOV).  

Looking out for one another  

If something were to happen and you haven’t made arrangements, your partner may not be entitled to your possessions, regardless of how long you’ve been together. 

It’s common to think living together is enough, but the law doesn’t see it that way.  

By checking your arrangements now, you can make sure your partner is protected from financial or legal stress if the worst happens. 

However, if you marry someone after becoming a Beacon member, your spouse automatically becomes entitled to these funds and any earlier nomination is overridden. 

Please tell us as soon as your circumstances change, so we can update your account details. 

There are three simple ways to protect your partner 

You don’t need complicated legal steps to look after each other. 

Below are a couple of straightforward (and one slightly more long-winded) things you can do right now to ensure your partner will be taken care of, no matter what happens. 

Fill in a Beacon beneficiary form 

If you’re a Beacon member, you can name a beneficiary who will receive up to £5,000 from your account if you die, under the Community and Benefits Act. 

This is done through a short nomination form, which ensures money goes directly to the person you’ve chosen, outside of the intestacy rules. 

Make a simple will 

A will is the only way to ensure your estate is divided as you want it to be. 

Even a basic will can override intestacy rules and protect your partner. You can write one yourself or use a solicitor if your situation is more complex and you’d like support. 

Tie the knot 

It’s not the right choice for everyone, but if you do decide to get married (and spend the solicitor’s money on a party), your spouse automatically gains certain legal rights and protections – this overrides any nominee you’ve previously named. 

Please tell us as soon as your circumstances change, so we can update your account details.   

Important note: a beneficiary form, a will and a marriage all cover different things.  

• A beneficiary form deals with your Beacon savings 

• A will sets out what happens to everything else 

• Marriage changes your legal rights automatically 

Having both in place gives you peace of mind that your partner is taken care of. 

How Beacon supports you 

We make it simple to protect the people you care about. 

If you’re a member, you can complete a beneficiary form to ensure up to £5,000 from your account goes directly to the person you nominate. 

We also maintain a Bereavement Fund, set up to ease the financial strain if a member dies. 

This includes a Savings Bereavement Fund that offers a lump sum based on how much the member has saved, to help with end-of-life expenses. There’s also a Loan Bereavement Fund, which can clear outstanding loan balances, so the debt doesn’t fall on loved ones. Our team can explain how this works when you speak to us. 

All claims are handled with care and dignity, as we aim to make the process as gentle as possible. 

As you’re part of a local, community-focused organisation, support is always available. Our team is here to guide you through the process and answer any questions, so you don’t have to navigate this alone. 

Start planning today 

Taking action now means your partner won’t be left in a difficult position later. 

A Beacon beneficiary form is easy to complete and ensures up to £5,000 goes directly to the person you nominate. Pair this with a simple will, and you have peace of mind a plan is in place. 

Our team is always here if you’d like to talk through anything. Don’t hesitate to get in touch. 

Take the first step.