Solicitors encouraged to help cohabiting couples at risk of inheritance issues, as new Will Aid research highlights scale of problem 

Solicitors encouraged to help cohabiting couples at risk of inheritance issues, as new Will Aid research highlights scale of problem 

Solicitors encouraged to help cohabiting couples at risk of inheritance issues, as new Will Aid research highlights scale of problem 

Cohabiting couples in the UK are facing significant risks due to widespread misunderstandings about inheritance laws – but solicitors can play a crucial role in addressing this issue by participating in this year’s Will Aid campaign.

Recent research commissioned by Will Aid reveals 68% of cohabiting partners are unaware of the Rules of Intestacy, which govern what happens to an estate if someone dies without a Will. As a result, many couples are leaving their loved ones vulnerable to serious financial hardship.

For solicitors, this presents a key opportunity to engage with clients who urgently need to safeguard their futures.

Pressing issue

Without a Will, cohabiting partners are not automatically entitled to inherit, regardless of how long they have lived together or whether they have children.

Giving access to professional Will-writing – while helping some of the UK’s most-loved charities – is at the heart of the annual Will Aid campaign, which encourages solicitors to volunteer their time to write basic Wills throughout November.

Participating solicitors can help ensure couples who are unaware of their legal vulnerability get their Wills drafted, providing critical legal protection for their partners.

Worrying statistics

Key findings from the Will Aid poll highlight the scale of the problem:

  • 32% of cohabitees mistakenly believe their estate will automatically pass to their partner if they die
  • 17% are unsure of what would happen to their estate
  • 11% have never considered the issue

Trusha Velji, solicitor at Touch Solicitors, said: “Many people assume that after living together for a period of time, they automatically become common law husband and wife, but this is not the case.

“As these new figures show, a significant number of people don’t realise that if they are cohabiting as a couple, the law does not recognise them as common law spouses, even if they have children together and have lived together for many years.”

Vital role

Solicitors who participate in Will Aid can be pivotal in changing these dangerous misunderstandings.

By offering their services to write basic Wills and instead inviting clients to make a a suggested donation to Will Aid which benefits their partner charities, they not only contribute to a good cause but also ensure vulnerable cohabiting couples secure their legal rights.

The campaign raises awareness and encourages proactive estate planning, reducing the risk of financial difficulties for surviving partners.

Peter de Vena Franks, Will Aid’s Campaign Director, explains: “Solicitors have a vital role in educating the public, especially cohabiting couples, about the need for a Will.

“Will Aid is the perfect opportunity for unmarried and cohabiting partners to get a professionally written Will in place, and participating in this year’s campaign allows solicitors to provide an essential service while supporting charitable causes.”

Will Aid has been running for more than 30 years, and solicitor firms across the UK are invited to sign up and take part. The scheme provides a direct way to engage with new clients who may not have considered making a Will otherwise. In return for solicitors waiving their fees, clients are invited to make a suggested donation of £100 for a single Will or £180 for a pair of mirror Wills.

For more information on how to join, visit the Will Aid website at www.willaid.org.uk/register or call 0300 0300 013.


About the author
Peter de Vena Franks joined Will Aid in 2015 and has led the campaign since then. It was in his prior role at ActionAid, one of Will Aid’s partner charities, that he saw the fantastic efforts Will Aid made in raising vital funds for charity. One of the most inspiring things about Will Aid for...