More than 1,600 couples applied for ‘deathbed marriages’ in the past year, representing a 14 percent increase in applications over the past five years, according to data from TWM Solicitors. These last-minute marriages often take place when one partner is gravely ill or approaching the end of life. The rise in applications highlights a growing awareness of the legal and financial vulnerabilities faced by long-term cohabiting couples who have not formalised their relationship through marriage.
Many cohabiting partners believe that their commitment alone secures them the same rights as married couples. However, under UK law, without a legal marriage or a valid will, a surviving partner may be excluded from inheritance and denied next-of-kin status or access to pension benefits.
What is a Deathbed Marriage?
A deathbed marriage involves obtaining a Registrar General’s Licence, which allows a marriage or civil partnership to be conducted at any location, such as a home, hospice, or hospital, and at any time. These ceremonies are often arranged urgently when one partner is near the end of life, usually with the aim of securing legal and financial protections for the surviving partner.
Why Someone Might Apply for a Deathbed Marriage
- Inheritance Tax Relief: A legally married spouse is typically exempt from inheritance tax, allowing the estate to pass to them tax-free.
- No Will in Place: If the dying partner has not made a will, their unmarried partner may not be entitled to inherit anything. Despite common misconceptions, there is no such legal status as a “common law marriage” in the UK. This leaves many long-term cohabitants financially and legally exposed.
- Financial Protection: Marriage provides legal access to shared assets such as property, bank accounts, and pensions, offering more robust financial security to the surviving partner.
How This Affects the Laws of Intestacy
Under UK intestacy laws, if someone dies without a will, their estate is automatically passed to their spouse or civil partner. Cohabiting partners who are not legally married or in a civil partnership are not entitled to inherit, regardless of the length or seriousness of the relationship. In such cases, the estate may go to distant relatives instead of the person the deceased may have intended to benefit. This is a key reason why some couples choose to marry shortly before death, ensuring the surviving partner is legally recognised.
Potential Inheritance Disputes
While deathbed marriages can offer vital protection to surviving partners, they can also lead to disputes. Family members who were excluded from the estate may feel they should have inherited and may challenge the outcome under the Inheritance Act 1975. They might argue that the marriage was the result of coercion or occurred when the dying partner lacked the mental capacity to fully understand their decision.
Final Thoughts
The increase in deathbed marriages reflects a rising awareness of the legal gaps that affect cohabiting couples. These late-stage unions can offer peace of mind and financial protection, but they may also create complications or disputes. Couples living together long-term should seek legal advice early to ensure their wishes are clearly documented and their loved ones are protected.
This article was submitted to be published by Blanchards Inheritance as part of their advertising agreement with Today’s Wills and Probate. The views expressed in this article are those of the submitter and not those of Today’s Wills and Probate.
