Over 1,600 couples have applied for ‘deathbed marriages’ in the past year, marking a 14% increase in applications over the last five years according to data from TWM Solicitors. These last-minute unions often occur when one partner is gravely ill or near the end of life. The rise shows a growing awareness of the legal and financial risks faced by long-term cohabiting couples who have not formalised their relationship through marriage.
Many cohabiting couples assume their commitment is enough to secure the rights of next of kin, inheritances or pension benefits. However, without legal marriage and no written will, they can be excluded from inheritance due to UK law.
What Is A Deathbed Marriage?
To arrange a deathbed marriage, application must be made for a Registrar General’s Licence. This licence permits a marriage or civil partnership ceremony to take place at any location, such as home, a hospice or hospital at any time.
Why Someone Might Apply For a Deathbed Marriage
There are various reasons why couples may choose a deathbed marriage. Often with the intention of safeguarding the rights and well-being of the cohabiting partner.
- Avoid inheritance Tax: The surviving partner may receive the deceased’s estate without being taxed, as spouses are typically exempt from inheritance tax.
- No Will in place: If the deceased did not leave a Will, their partner might not be entitled to inherit their estate. Many cohabiting couples are unaware of “common law marriage”, which offers no legal protection and can leave the cohabiting partner financially and legally vulnerable.
- Financial Protection: Marriage grants legal rights and access to a partner’s bank account, property and other assets. Overall providing greater financial security.
How Does This Impact The Laws Of Intestacy
If the deceased died intestate and had a surviving spouse or civil partner, their assets would pass to that partner. However, if the deceased had a cohabiting partner to whom they were not married or in a civil partnership, the partner would not automatically inherit. The deceased’s estate would be distributed according to the Laws of Intestacy, potentially passing to next of kin that may not have aligned with their intended wishes. As a result, some couples choose deathbed marriages to ensure the surviving partner becomes legally entitled to inherit under intestacy rules.
Potential Inheritance Disputes
While deathbed marriages can benefit a surviving partner. It may potentially cause inheritance disputes when other family members believe that they should have inherited the deceased estate. Under the Inheritance Act 1975, individuals may challenge an estate if they were excluded from a Will or did not inherit because no Will was made.
Deathbed marriages may cause concerns of coercion and lack of testamentary capacity. If the deceased was seriously ill or mentally impaired, it can seem that the marriage occurred without full comprehension.
Final Thoughts
The rise in deathbed marriages reflects the increase in last-minute unions among cohabiting couples. These arrangements can provide surviving partners with legal and financial protections, while offering the dying individual reassurance that their loved one will be cared for. For more articles like this, read our blogs.
