Is inheritance the same for same-sex couples?

Is inheritance the same for same-sex couples?

The short answer is YES
The longer answer is MAYBE NOT


Estate planning simply means leaving your home and other assets to your loved ones when you pass away.


Without a Will you die 'intestate' and the laws of intestacy are rather old fashioned, having being written around marriage and children. Whilst not everyone wants to be married, it's been an option for straight couples all of their lives. For same-sex couples however, marriage and civil partnerships is a relatively new concept, and many in a long-established relationships may just not have bothered getting married.

But partners not married or not in civil partnerships are entitled to NOTHING under intestacy rules. Also the intestacy laws favour bloodline or adopted children over nieces and nephews, and as it's more complicated for same-sex couples to introduce children into their family, their loved ones are more likely to miss out on inheritance.

The good news is that making provision for your loved ones is made very simply just by writing a Will, and in all cases a Will dictates who is to benefit when you pass away. So with a Will, estate planning for the LGBTQ community is NO DIFFERENT at all. And as for couples living together - it makes no difference whatsoever, as all cohabiting couples are at risk if intestacy is relied on, for sure!

At Northumberland Wills & Probate we are sensitive to the needs of all our clients, whether they are 'out' or not.

You can even include a 'SECRET TRUST' where instructions are 'hidden' from view in someone's Will.

Of course not everyone wants to do this, but the option is there should it be needed.