Many unmarried couples in Scotland assume that living together confers upon them the same rights as marriage or a civil partnership. In reality, Scots law treats cohabiting partners very differently, especially when it comes to inheritance. Without a Will, a surviving partner may be left in a precarious financial position. This article explains how succession law works, why Wills are essential for cohabiting couples, and how you can protect your loved one’s future.
Why Cohabiting Partners Need to Plan Ahead
Cohabitation is increasingly common in Scotland. Couples often share homes, children, and financial responsibilities, but the law does not automatically recognise these relationships in the same way as marriage or civil partnership. This gap becomes critical if one partner dies without making a Will.
How Inheritance Works Under Scots Law
When someone dies without a Will, the estate is distributed under the rules of intestacy. Spouses and civil partners benefit from Prior Rights and Legal Rights, which ensure they inherit certain assets and money. However, cohabiting partners are not included in these protections.
The only option for a surviving cohabitant is to apply to the court under Section 29 of the Family Law (Scotland) Act 2006. This route has strict limits:
- The claim must be made within six months of death.
- The court has complete discretion over whether to award anything.
- Even if successful, the outcome may be uncertain and stressful.
Why a Will is Essential
For unmarried couples, the only reliable way to ensure your partner inherits from you is by making a Will. A Will allows you to decide what should happen to your property, money, and possessions, giving both partners peace of mind.
It is also worth remembering that common law marriage does not exist in Scotland. No matter how long you live together, the law will not treat you as married unless you formally marry or register a civil partnership.
Taking Control of Your Future
Making a Will is straightforward and provides certainty. It can be combined with a cohabitation agreement, which helps clarify financial arrangements during the relationship. Together, these steps protect both partners from the uncertainty and expense of legal disputes.
Speak to Our Wills Solicitors
At maloco mowat parker, our experienced solicitors help clients across Dunfermline, Fife, and beyond with Wills and estate planning. Whether you are in a cohabiting relationship, considering updating your Will, or seeking advice about protecting your family, we are here to guide you.
Contact our friendly team today to make sure your wishes are respected and your partner is protected.