Wills for Unmarried Couples

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Commonly Asked Questions about Wills for Unmarried Couples

Can you be a beneficiary if youre not married?

Beneficiary Designation/Pay on Death (POD) For example, an unmarried partner can be the beneficiary of a retirement account or life insurance. Also, he or she can be the pay on death beneficiary of certain accounts.

What happens if my boyfriend dies and the house is in his name?

In California, if the property is held by him with others as joint tenants with right of survivorship, then the surviving tenants receive his interest. Otherwise, his property would go to whomever he leaves it to in a will or, if it has been transferred to a trust, wherever the trust directs it to go after his passing.

What happens when an unmarried person dies?

The legal heirs of an unmarried deceased person are their parents, siblings, and grandparents. If the deceased has no siblings or grandparents, their parents are their sole heirs. If the deceased has siblings or grandparents, they inherit the property in equal shares.

Is an unmarried partner entitled to inheritance?

Contrary to popular belief, there is no such thing as common law marriage and if you are not married and the partner you live with dies, you have no legal right to inherit from their estate, unless they made provision for this within their Will.

What rights do unmarried couples have if one dies?

Unmarried couples do not have the same legal rights as couples who are married or in a civil partnership. Therefore, it is vital that unmarried couples make wills if they would like their partner to inherit from their estate. A person who dies without leaving a valid will is called intestate.

Can cohabiting couples make a joint will?

Joint wills are for couples with similar wishes to make a will that equally benefits them, should one pass away. Whether youre a married couple, civil partners, or are none of the above, a joint will is important for your peace of mind in the long term.

What happens if your partner dies and you arent married?

Unlike with married couples, when one unmarried partner passes, the living partner does not receive any automatic legal right to their deceased partners property or assets. In this case, with no will, the assets will likely be passed to the deceased partners family, and their estate is left in the hands of state law.

Should unmarried couples have a will?

Unless you have a will in place, your assets may not pass to your partner, unless you own any asset as beneficial joint tenants. It is therefore crucial that you understand who owns any assets and you make provision in a will for what you want to happen to the assets you own.