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Lifestyle Advice > Wills and InheritanceWills and inheritance issues for couples Problems of inheritance We have lived together for a number of years but have decided not to have a civil ceremony at present. My parents are very accepting of our relationship but my girlfriend's parents are not. So much so that they have said that when they die they will leave their whole estate to their daughter but would not want me to be left anything of theirs if she was to die. To be honest I’m not really interested in their money but it is upsetting my partner. What are the legal implications for us? Where a same sex couple are in a committed relationship but haven’t taken the step to enter into a civil partnership, there can often be inheritance problems when one of them dies. It is very important for couples to make Wills. Often they will own a house or flat together. As long as they buy the house as what is legally called “joint tenants” then the property will pass to the one who survives the other but any other assets which they own, such as Bank/Building Society  accounts, will pass to the next of kin unless they make Wills leaving their assets to each other. There can also be a problem where parents of a woman in a same sex relationship disapprove of their daughter’s partner. They are not obliged to leave their daughter anything in their Wills and no claim could be made by her unless she was being maintained financially by the parents (for example, because of a mental or physical disability). But if a daughter does inherit from parents, she would be free to make a Will leaving her assets (including any inherited from parents) to her partner providing the parents left the assets outright. Occasionally, parents will say in their Wills that they want a child only to receive the income from their assets and then after the child’s death, the assets pass to someone else. This is quite unusual and would normally cover the problem of a child who perhaps had learning difficulties and was not capable of managing a large amount of money but it could also, in extreme cases, be used to prevent a daughter getting complete control of an amount of money, just because a parent disapproves of her partner. To set your own mind at rest you should both make Wills which clearly state how you want your estate treated on your death. Response supplied by: Judy Bonegal, Partner, Private Client Dept, Buller Jeffries, Solicitors. To contact Judy for further advice click here. |
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