Love, Legacy, and Looking After Each Other: Why Valentine’s Day Is the Perfect Time to Make a Will

Valentine’s Day reminds us to celebrate love –  through flowers, chocolates, and heartfelt gestures. But what if this year, you showed your love in a way that truly lasts?

Whilst making a Will might not seem romantic at first glance, it could be considered one of the most meaningful ways to care for the people who matter the most to you. It’s a way of protecting their future, honouring your wishes, and giving your loved ones the peace of mind that they are safe and secure, even when you are not around.

Married Couples and Civil Partners

Married couples and Civil Partners often assume everything will automatically pass to each other, but the rules don’t always work as people expect.

Whilst marriage and civil partnerships provide certain rights under the intestacy rules, there are other factors that play a part. For example, if you have children and your estate is above £322,000 then your children are entitled to inherit a share of the estate. This can create complications, particularly in blended families or with estranged children.

Married couples and Civil Partners benefit from the spousal exemption (there is no inheritance tax on assets passing between spouses) therefore by putting in place a Will, you can control how your assets pass and make a tax efficient plan, maximising allowances and protecting your assets for your children or chosen beneficiaries.

Unmarried Couples

This is where the law is most surprising for clients, especially because of the widespread belief in the idea of a “common‑law spouse.”

You see the term “common‑law spouse” used in insurance and policy documents but there is no such thing as a “common‑law spouse” in England and Wales.  Many couples believe that living together for a certain number of years gives them similar rights to married couples. Unfortunately, it doesn’t. The term “common‑law spouse” has no legal meaning, and it offers no protection.

Your partner has no automatic right to inherit.  Without a will, your partner isn’t legally entitled to anything, even if you’ve shared a home and a life together for years. If your property is in your sole name, then your partner could be left in a vulnerable position with no guaranteed right to remain in the property.  In such circumstances your partner may be able to make a claim to protect their position, however it’s far from guaranteed and a Will avoids this entirely.

Jointly owned Property

Property doesn’t always pass the way you might expect; many couples assume that if they own a home together, the survivor will automatically inherit the whole property. But if you own the property as tenants in common, your share forms part of your estate and without a will, it may not pass to your spouse or partner at all.

Wills can be drafted with flexibility

Wills can be drafted very flexibly. You can include trusts, life interests, personal gifts, or simple arrangements, whatever best reflects your wishes and suits your family dynamic.

A will gives you control, certainty, and the reassurance that your partner and family will be looked after exactly as you intend. It’s a simple step that can make an enormous difference.

If you would like to put in place a Will or simply want to understand your options, please do get in touch to arrange an initial meeting.