For cohabiting couples in England and Wales, a professionally drafted will is not optional — it is essential. Without a will, the intestacy rules apply, and your unmarried partner receives nothing from your estate. A will overrides the intestacy rules entirely and allows you to leave your estate to whoever you choose.
Mirror Wills: The Starting Point for Cohabiting Couples
Mirror wills are two separate wills made by a couple that mirror each other — each leaving their estate to the other, with the same substitute beneficiaries if the other has already died. For cohabiting couples without children from previous relationships, mirror wills are a cost-effective and straightforward solution. They override the intestacy rules and ensure your partner inherits your estate as you intend.
Life Interest Trusts and Property Trusts for Blended Families
Where one or both partners have children from a previous relationship, a simple 'everything to my partner' will may not be appropriate. A life interest trust written into a will allows your partner to live in the family home for their lifetime while preserving the capital for your children. A property trust holds your share of the home for your partner's benefit, with the capital passing to your children on their death. These structures balance the competing interests of partner and children.
A will can also include a life interest in income — allowing your partner to receive income from your estate during their lifetime while the capital is preserved for your children. This is particularly useful where the estate includes investments or rental property.
Why DIY Wills Are Dangerous
DIY wills are a major source of probate disputes in England and Wales. Common failures include improper witnessing, revocation by marriage, vague identification of beneficiaries, and failure to account for all assets. For cohabiting couples — where the stakes are highest — the risks are particularly acute. A solicitor-drafted will costs a fraction of the cost of an Inheritance Act dispute and provides certainty that the document will be upheld.