Wills for Couples
Why Couples Need a Will
If you buy a home together, a will is one of the simplest ways to protect each other. In Scotland, unmarried partners have limited automatic rights if one of you dies. Here is why it matters.
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Why It Matters
Without a Will, the Law Decides
The rules on who inherits might not match what you want, especially if you are not married.
- ✓Unmarried couples: a surviving partner has limited automatic rights in Scotland
- ✓Married couples: rights exist, but may not match your wishes
- ✓Children: a will lets you name guardians
- ✓Your home: how the title is set up also matters
How We Help
What to Do
Five steps to protect each other.
Make a Will
Speak to a solicitor about your wishes.
Check Your Title Deeds
A survivorship destination can pass your share automatically.
Get Life Insurance
So the mortgage can be cleared if one of you dies.
Put Policies in Trust
So payouts reach the right people quickly.
Review Regularly
After marriage, children or a move.
Things to Consider
What a Will Can Cover
More than just the house.
Common Questions
Will Questions, Answered
The things couples ask us most.
Do unmarried couples inherit automatically in Scotland?
No. A surviving cohabitant may have to apply to court and the outcome is not guaranteed. A will gives certainty.
Do married couples need a will?
Yes. It makes sure your wishes are followed.
What is a survivorship destination?
A clause in your title deeds that can pass your share of the home to your partner automatically.
Does life insurance replace a will?
No. They do different jobs and work well together.
How often should I update my will?
After big life events like marriage, children or a house move.
Who should write my will?
A solicitor who deals with wills in Scotland.
Related guides
- Do I need life insurance with a mortgage?
- Protection insurance explained
- Buying a house with a friend
- All mortgage questions answered
Written by Tony Flynn, mortgage broker at Tony Flynn Mortgages, helping homebuyers across Lanarkshire and Scotland. This page is general information, not personal advice. Speak to Tony about your own circumstances.
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