Many people who are in a committed partnership are at risk of passing their estate in a manner that does not suit their needs and desires. Due to outdated estate planning and probate laws, unmarried couples face a variety of issues that do not concern their married counterparts. These issues, in effect, often deny unmarried couples the important protections and benefits enjoyed by married couples.
For example, these laws include a number of provisions that protect married persons by assuring that surviving spouses are provided for should the deceased spouse purposely or inadvertently fail to provide for them. Unmarried couples are provided with no such protections, regardless of their commitment and dedication to the partnership. This is due to the fact that these laws grant protection to “spouses,” and “spouses” is often interpreted to mean opposite sex people who are married. Without a will, a surviving partner may be excluded from having any share in their deceased partner’s estate.