Estate planning is a crucial aspect of managing your personal affairs and protecting your loved ones in the event of your death. For those in a civil partnership, the process of creating a will carries particular significance. While civil partnership offers many of the same legal rights and responsibilities as marriage, these do not negate the need for a valid and up-to-date will. In fact, having an appropriate legal document to distribute your estate provides peace of mind and ensures your partner and other beneficiaries receive what you intend them to.
A will is a legally binding document that details how your assets and possessions will be allocated after your death. Without one, your estate is subject to the rules of intestacy – a rigid legal framework that often fails to align with individual wishes. For civil partners, relying on these default rules may result in unintended outcomes, especially if you have children, previous relationships, or specific bequests in mind.
Civil partnerships, which have been available to same-sex couples since 2005 and to all couples in the UK since 2019, carry many of the same rights as marriages regarding inheritance and taxation. Civil partners are considered next of kin and are entitled to inherit in the absence of a will, but this does not mean they are automatically entitled to everything.
Under intestacy laws in England and Wales, if someone in a civil partnership dies without a will and has no children, their civil partner is entitled to the entire estate. However, if children are involved, the estate is divided. The civil partner receives a statutory legacy (a fixed sum, currently £322,000 as of 2024) and the remainder is split between the children and the partner. This distribution may not reflect your personal wishes or family dynamics, and can sometimes cause disputes. A will provides clarity and prevents uncertainty.
Additionally, civil partners benefit from the same inheritance tax (IHT) exemptions as married couples. This means that anything left to your civil partner is usually exempt from IHT, and any unused nil-rate band can be transferred, potentially reducing the estate’s tax liability on the second death.
Before drafting a will, you need to take stock of your assets. This includes everything you own—your property, bank accounts, investments, pensions, vehicles, valuable personal items, and any business interests. Make a detailed inventory and consider the value of each asset.
It’s also important to understand what you legally own. Some property may be held jointly with your civil partner or others, which affects how it is distributed upon death. For instance, property held as joint tenants passes automatically to the surviving owner, regardless of what your will says. Conversely, if you own property as tenants in common, your share can be passed to a beneficiary of your choice in your will.
In the same vein, pensions and life insurance policies often require nomination forms. These indicate who should receive the benefit directly and bypass your will. It’s crucial to ensure these are up to date and reflect your current wishes.
Identify who you want to inherit your estate. While your civil partner may naturally be your primary beneficiary, you may also wish to leave assets to children, other family members, friends, or charities. Be as specific as possible. If you have children from a previous relationship, or stepchildren you wish to include, this must be stated clearly in the will. Legally, stepchildren do not inherit unless named as beneficiaries.
Consider different scenarios: What happens if your partner dies before you? What if a beneficiary predeceases you? Thoughtful planning involves naming alternate or residual beneficiaries, those who inherit anything left over after specific gifts have been distributed, or who step in if your primary choices are unable to inherit.
Special consideration should be given to vulnerable beneficiaries, such as those with disabilities or addiction issues. You may wish to set up trusts to ensure they are supported responsibly without compromising their access to state benefits or exposing them to financial risk.
An executor is the person legally responsible for carrying out the wishes outlined in your will. This includes collecting the estate’s assets, paying any outstanding debts or taxes, and distributing the estate to the beneficiaries. You can name more than one executor, and it is often advisable to do so, in case one is unable or unwilling to act.
Your civil partner may be the most obvious choice, and many people do name their partner as executor. However, it’s also a good idea to appoint at least one other trusted individual, such as a friend, relative, or professional adviser. This provides a safeguard and promotes continuity, particularly if your partner is too distressed or otherwise unable to manage the affairs at that time.
Before appointing someone, it’s courteous and sensible to discuss your intentions with them. Serving as an executor can be time-consuming and complex, and individuals should be willing and capable of fulfilling the role.
If you and your civil partner have children, and especially if they are under the age of 18, it’s vital to nominate guardians in your will. Guardianship decisions determine who will take over parenting responsibilities if both you and your partner die.
Failure to appoint a guardian could leave the decision to the courts, which may not choose the individuals you would have preferred. When nominating guardians, consider their age, health, emotional and financial capacity, and your children’s relationship with them. Clearly state your wishes in the will and discuss them in advance with the proposed guardians to ensure they are willing and prepared to raise your children if necessary.
If you’ve jointly adopted children, or if one of you is a legal parent while the other is not, establishing legal parentage may require additional steps. In some cases, it may be beneficial to seek legal advice to ensure parental rights and guardianship wishes are properly protected.
Many people also use their will to leave specific gifts to individuals or organisations. These can take the form of specific items, such as jewellery, art, or heirlooms, or sums of money. Be clear in your wording to avoid confusion or disputes.
Charitable donations are another aspect to consider. Gifts to UK-registered charities are exempt from inheritance tax, and in some cases, leaving more than 10% of your estate to charity can reduce the IHT rate on the rest of the estate from 40% to 36%. This is both a philanthropic and financially savvy consideration and can be a meaningful way to contribute to causes close to your heart.
Remember that people’s circumstances change. For instance, the recipient of a gift may predecease you, or charities may cease to exist. Including a clause that indicates what should happen in such cases is prudent.
Once you’ve settled on your wishes and beneficiaries, the next step is drafting the will. While you can create a will using a template or an online service, it’s advisable, especially in the context of civil partnerships and potentially blended families or complex estates, to seek professional legal advice. A solicitor can guide you through the process, ensure that your will complies with legal requirements, and help avoid costly mistakes or ambiguities.
Be cautious when using do-it-yourself will kits. A poorly written or improperly witnessed will can be declared invalid, potentially exposing your estate to intestacy rules. A solicitor specialising in wills and probate can also advise on tax planning, structures like wills trusts, and situations involving overseas assets.
A valid will must be:
– Made voluntarily by a person aged 18 or over
– Made with the mental capacity to understand the implications
– In writing and signed by the person making it
– Signed in the presence of two independent adult witnesses, who also sign the will
Witnesses cannot be beneficiaries. If they are, their gift may fail, so it’s important to choose people who won’t inherit anything under the will.
Once your will is completed and signed correctly, it’s legally effective.
A will isn’t something to write and forget. Life changes—such as getting married, entering a civil partnership, having children, acquiring new assets, or losing loved ones—can all affect your estate planning needs.
It’s essential to review your will regularly, at least every five years or sooner if major changes occur. In the UK, entering into a civil partnership revokes any existing will, unless the will was explicitly written in contemplation of that partnership. This is a crucial point: many people do not realise that their previous will becomes invalid, potentially leaving their estate open to the rules of intestacy.
You cannot simply amend a will by making changes on the original document. To make small adjustments, you need to create a codicil, which must also be signed and witnessed. For substantial changes, it may be better to write a new will entirely. Ensure that all copies of previous wills are destroyed to avoid confusion.
Your will should be kept in a safe but accessible place, and your executors should be informed of its location. You can store it at home, with your solicitor, or at a bank. There is also the option to register your will with the National Will Register, a central database that can assist your executors in locating the will after your death.
Avoid placing it in safety deposit boxes that only you can access, as these may be sealed upon your death, delaying probate and administration. Multiple copies should not be signed, as only one original will is needed—the presence of multiple signed copies can cause confusion or disputes.
Modern life includes digital assets—email accounts, social media profiles, digital photographs, websites, and cryptocurrencies. Many people don’t consider these in their estate planning, yet they may hold significant value – emotionally, financially, or both. Include provisions in your will or create a separate document outlining how you would like these digital assets handled. You can designate a digital executor to manage your online accounts, ensuring your digital legacy is treated in accordance with your wishes. Provide instructions and, if possible, secure ways for them to access important passwords, login credentials, and recovery keys.
Similarly, if you have pets, consider who you would want to care for them if you were no longer around. While pets are legally considered property, many people view them as family members. You can name a guardian in your will and even set aside funds to help cover ongoing care costs. Some individuals choose to establish a pet trust to formalise this arrangement, ensuring their animals are well looked after.
Estate planning can involve a complex web of legal, financial, and personal decisions. While a will is the cornerstone, it’s often part of a broader strategy that includes trusts, powers of attorney, and advanced directives. For civil partners—especially those with children, previous relationships, business interests, or property overseas—seeking the support of a solicitor or financial planner ensures your intentions are legally sound and tax-efficient.
Professionals can also advise on options like setting up a life interest trust, which allows your partner to benefit from your estate during their lifetime while preserving assets for children or other beneficiaries. These structures can be particularly helpful in blended families or when there’s concern about remarriage or long-term care costs.
Final Thoughts
Creating a will as part of a civil partnership is an act of love and responsibility. It ensures your partner, family, and chosen beneficiaries are protected and your legacy is preserved according to your true wishes. While the process may feel daunting at first, taking thoughtful, proactive steps now can spare your loved ones from uncertainty and conflict in the future.
By understanding your rights, regularly reviewing your plans, and seeking expert guidance where necessary, you can navigate estate planning with clarity and confidence—offering peace of mind that what matters most will be cared for in the way you intended.
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