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As we celebrate Pride Month and recognise the significant progress made towards LGBTQ+ rights, it is crucial to acknowledge the legal safeguards that unmarried same-sex couples should prioritise, especially when it comes to protecting their loved ones when they are no longer here.

While society has come a long way in recognising the rights of LGBTQ+ individuals, there are still areas where protection and planning are essential. One such area is estate planning, specifically the creation of a Will.

A Will is a legal document that outlines an individual's wishes regarding the distribution of their assets after their passing. Everyone should have a Will, as without one you are leaving it to the law to decide how your estate – your money, property and possessions – is distributed when you die.

For couples who are not married or in a civil partnership, creating a Will becomes even more crucial, as it ensures that your partner is protected and included in the distribution of your estate. Without a Will in place, the Scottish laws of intestacy will come into effect, which may not adequately reflect your intentions or recognise your partner's rights. These laws prioritise a spouse and other blood relatives, such as children, parents or siblings, over non-marital partners. This can leave same-sex partners vulnerable to exclusion from inheritance, regardless of the length or commitment of their relationship.

By creating a Will, same-sex couples can safeguard their assets, protect their partners, and ensure their wishes are honoured. A Will allows you to designate your partner as a beneficiary, providing them with legal recognition and rights that intestacy laws do not automatically grant, and also provides you with the opportunity to distribute your assets in a way that reflects your values and wishes.

Surviving partners may find themselves with limited or no entitlement to the assets they built together if their partner had not created a Will.  If there is no Will, it is typically possible for the surviving partner to submit a claim to the local Court for financial provision on death, however, the financial provision granted (if any) is at the discretion of the Court (and strict time limits apply to these claims).  If there is a Will, no Court claim is possible, and it may well be that the Will had not been updated for a number of years and no longer reflected their wishes. In this case, if your partner was previously married, you may find that any assets are left to an ex-partner if they have not updated their Will to reflect their change in circumstances.

Death is the one true certainty of life but naturally we find it awkward to talk about. However by taking proactive steps to protect your assets and express your wishes, you can ensure that your partner and loved ones are safeguarded when you are no longer here, and that your legacy is managed in the way that you would want.