Polyamorous Relationships and Their Impact on Inheritance and Probate
In recent years, polyamorous relationships have become more visible and more publicly understood. Polyamory refers to having a romantic relationship with more than one person. There is no one right way to be in a polyamorous relationship; so we will here use the term to relate to any consensual non-monogamous relationship. However, the current legal framework surrounding inheritance and probate still primarily reflects ‘traditional’ monogamous relationships, which can therefore create significant challenges for those in polyamorous unions.
Understanding how polyamorous relationships can impact estate planning, probate proceedings, and Inheritance Act claims is crucial to ensuring your partners are adequately protected. We set out some of the main points you may want to consider below:
Inheritance and Estate Planning
The law does not automatically recognise multiple partners as beneficiaries unless specific arrangements are made. Without a Will, the Intestacy Rules apply, typically prioritising spouses/civil-partners and biological children, leaving other partners and minors that the deceased has treated as a child without an automatic entitlement to the deceased’s estate. Therefore, individuals in polyamorous relationships must draft comprehensive Wills to clearly outline their wishes and ensure all intended beneficiaries receive their share of the estate. This could include a discretionary trust providing for multiple partners depending on their circumstances.
Inheritance Act Claims
The Inheritance Act allows certain individuals to claim for reasonable financial provision from an estate. Cohabiting partners who lived with the deceased for at least two years before death can make a claim. For partners in a polyamorous relationship who do not cohabit and/or do not live with the deceased as a ‘spouse’ it may prove difficult to establish a claim unless they can prove financial dependency.
If a deceased person’s Will excludes a polyamorous partner who was financially dependent on them, that partner may have grounds to challenge the will under the Inheritance (Provision for Family and Dependants) Act 1975. However, they must demonstrate financial reliance on the deceased, which can be difficult without formal recognition of the relationship.
Transgender Beneficiaries and the Gender Recognition Act
During Pride Month, it is essential to acknowledge how inheritance laws impact Transgender beneficiaries. The Gender Recognition Act 2004 allows individuals to legally change their gender, but issues can arise if an outdated will refers to a beneficiary by their previous name or gender, disputes may occur, potentially affecting their inheritance rights. Ensuring wills and estate plans reflect a Transgender person’s correct legal status can help prevent legal complications.
Conclusion
Every claim will turn on its own facts, and as there is no one right way to have a polyamorous or consensual non-monogamous relationship it is important to obtain legal advice as to the best way forwards to safeguard their partners’ financial future and the financial security of their children. Proper estate planning, including wills and trusts, can help prevent disputes and ensure all loved ones are protected. As we celebrate Pride Month, it is also a timely reminder to ensure estate plans are inclusive and reflective of diverse relationships and identities.
We understand that relationships come in many forms, and the law must evolve to reflect this diversity. Our expert team provides tailored advice on inheritance, probate, and estate planning for individuals in polyamorous relationships. Whether you need assistance drafting a will, setting up trusts, or making an Inheritance Act claim, we are here to help safeguard your loved ones’ financial future. Contact our legal experts on 0330 822 3451 to ensure your estate plans reflect your wishes and protect those who matter most.