Living together? Here’s why you still need a Will
At Ness Gallagher, we speak to a lot of couples who are happily cohabiting – sharing a home, finances, pets, and maybe even children. In fact, cohabitation is now one of the fastest-growing family arrangements in Scotland. But here’s the catch: the law still doesn’t quite treat you like a married couple.
Even with recent changes brought in by the Trusts and Succession (Scotland) Act 2024, if you're living together without being married or in a civil partnership, it’s crucial to understand where you stand when it comes to inheritance, and why having a Will is more important than ever.
Several key areas of succession law were updated last year, including:
- Increased rights for surviving cohabitants – so if one partner dies without a Will (intestate), the other may have a stronger claim than before, and
- Updated thresholds for spouses and civil partners – particularly where there are no children involved.
These are positive changes, aiming to modernise a system that hadn’t kept pace with how many people actually live. However, cohabitants still don’t have automatic rights in the same way that spouses or civil partners do.
If your partner dies without a Will, you may need to apply to the court to claim any part of their estate. And even then, there's no guarantee of what you'll receive. You might get some provision, but it could be less than you expected (or need), you may face legal costs and delays, and most importantly you’ll be relying on the court's discretion rather than your partner’s wishes.
A Will avoids all of this. It's the clearest way to make sure your loved ones are protected – whether you're married, civil partnered, or cohabiting.
If you’re cohabiting (even if you’ve been together for years) don’t assume the law has caught up with your situation. The 2024 Act is a step forward, but it’s not a safety net.
Making a Will is simple, affordable, and gives you peace of mind. It means your partner won’t have to fight for what you would have wanted them to have.