Figures from the Office for National Statistics reveal that the majority of the LGBTQ+ community never enter a civil partnership. According to the latest figures, less than 6% of those who identified as gay or lesbian were in a civil partnership, while 46% of straight couples have tied the knot.
Furthermore, nearly three quarters (72%) have never been married or entered a civil partnership. There could be many reasons, and ultimately, it’s up to the couple to decide whether walking down the aisle is right for them or not.
If you are in a same sex relationship and have decided not to enter a civil partnership, you may need to take care when it comes to passing your wealth on to your loved ones.
While you may assume your wealth will go to your partner when you die, the reality might be very different. Read on to learn more, and why writing a will is more important than you might think when it comes to securing your nearest and dearest’s financial security.
Your estate could become subject to ‘intestacy’ rules
If you do not have a will in place when you pass away, your estate will become subject to the 1925 Administration of Estates Act, otherwise known as the ‘intestacy rules’.
Under the rules your assets are shared among living relatives using a set order of priority, no matter how close you are to those relatives. As such, your estate could go to someone you’d rather didn’t receive it and may bypass your loved one, which means it could go to an estranged parent, for example.
This is because unmarried partners are classed as ‘non-family’, meaning they won’t receive anything under intestacy rules, no matter how long you’ve lived with them. As a result, your partner would not be considered when your estate is distributed, even if they’re financially dependent on you.
Your estate will be distributed in the following order
If you’re unmarried and have adopted or biological children, they’ll receive your estate in equal shares. In the event that a child dies before you, their share passes down to their own children in equal shares.
This is known as inheritance by right of representation and applies to all successive generations, including grandchildren or great grandchildren. If you don’t have children or grandchildren, your parents will be given preference equally, regardless of how close you are to them.
If neither parent is alive, the estate will be distributed in the following order of priority:
brothers and sisters (full siblings take priority over half-siblings, who only inherit if no full siblings exist)
grandparents
uncles, aunts and cousins.
Worse still, if you don’t have any living relatives, your estate passes to the Government, even if you have a partner who’s dependent on it.
Writing a will provides you with peace of mind
It’s likely that you would want your partner to be financially secure should the worst happen to you. As a will is a legal document that directs your wealth to the people you want to receive it, creating one allows you to ensure your wealth passes to your loved one.
Furthermore, a will can help ensure your wealth passes to them as tax efficiently, and as smoothly, as possible. Making sure your assets reach your partner in a hassle-free way could avoid them suffering added stress and anxiety at an already difficult time.
This in turn provides peace of mind that your partner will be financially secure no matter what the future holds.
You might want to consider a Lasting Power of Attorney as well
While a will deals with your wealth if you pass away, it cannot be used if you are incapacitated due to a serious illness or accident. This is why creating a Lasting Power of Attorney (LPA) is typically as important as writing a will.
An LPA is a legal document that allows you to nominate someone you trust to make decisions on your behalf if you’re not able to. You can create a ‘property and financial affairs’ LPA, which allows your nominated person to make decisions about your bank accounts, assets, property and investments.
If you nominate your partner, they will be able to access your account if you lose mental capacity, which could be particularly important if you have separate bank accounts. You could also create a health and welfare LPA, which could allow your partner to make decisions about your personal care and medical treatment.
It’s important to note that the health and welfare LPA doesn’t allow your nominated person to make decisions about life sustaining treatment, unless you explicitly state that they can in it.
Get in touch
AFH is proud to support clients from every background and all communities. This is why we understand the financial challenges faced by the LGBTQ+ community, some of which are outlined in our ‘three important financial considerations people in the LGBTQ+ need to consider’ blog.
In addition to this, AFH’s independent financial advisers are qualified estate planners, meaning they can help you to create a will and LPA that will ensure your partner’s financial wellbeing.
If you would like to discuss creating a will or LPA, or how we could help you get more from your finances, please call us on 0333 010 0008. We would be happy to arrange a no obligation initial meeting with one of our independent financial advisers.
26 June 2026