Married couples have many legal protections, however unmarried couples do not have the same advantage and are therefore more vulnerable on the break up of the relationship or the death of one party. It is very important for unmarried couples to consider the following issues, regardless of the soundness of the relationship or the sadness of contemplating the death of a loved one.

If a party should die without leaving a Will, therefore dying intestate and being subject to the intestacy rules, the surviving party may not inherit anything from the deceased's estate. It will be difficult to prove the deceased's intentions as there is no Will and also the contributions both parties have made to the relationship. It may even turn out that a person e.g. deceased's parent or sibling would inherit the entire estate, instead of the other party. It is important that you contact a Solicitor who can discuss in detail the consequences of having or not having a Will each. The Solicitor shall also be able to offer tax planning advice, for instance there is no inheritance tax exemptions between unmarried parties.

Unmarried couples have traditionally bought joint property as "tenants in common" so that upon the death of one party his or her share would pass according to the Will or in the absence of a Will the intestacy rules. There is a possibility therefore that the surviving party would not inherit the deceased's share in that joint property, and be forced to sell it etc. In addition, by owning a property in this manner the shares can be equal or unequal e.g. if perhaps one party has invested more money into buying the property. The second way, in which joint property can be owned is as "joint tenants" which means that upon the death of one party, his or her share will pass automatically by survivorship to the other. By ensuring the property is jointly owned in the correct manner, disputes upon a relationship breakdown can also be avoided. These are issues, which can again be addressed by your Solicitor.

When an unmarried couple have a child, then it is only the mother who has automatic parental responsibility for that child. She can appoint guardians by her Will but the father does not have the same right. It is therefore advisable to take the advice of a Solicitor regarding Parental Responsibility Agreements - which can give the father the same rights over the child as the mother has for him / her. In the event of the mother dying or being unavailable for the child, the father could then make certain decisions in her absence e.g. giving consent for urgent medical treatment etc. He would also be able to appoint guardians for the child in case something should also happen to him.

This type of document can clearly outline the terms of an unmarried couple's relationship, so that both parties are protected in the event of a relationship breakdown. Aspects such as mortgage payments, property ownership, outgoings, financial payments, financial liabilities, ownership of other assets and the like could be included in such a deed. These agreements are clear evidence of the intention of both parties and although the enforceability of these documents is arguable in Great Britain, there is a move towards them and it would be a sensible idea to discuss them with a Solicitor.

People sharing a property or looking after an elderly parent are also vulnerable to the effects of a dispute or the death of one party. For example, on death the property could be inherited by someone other than the co-owner or carer. The above issues relating to Wills and Co-habitation Agreements also apply in these types of cases and the advice of a Solicitor should be sought. In addition, the following issues should be considered. Enduring Powers of Attorney This is a document which allows a person appointed as an attorney by the donor, to look after the affairs of the donor, in the event that the donor loses mental ability to look after one's own affairs. This is a powerful document and the advice of a Solicitor should be sought to discuss the impact of such a document. Deeds of Trust When property is owned jointly the advice of a Solicitor is essential in determining how the property should be owned and a deed should be drafted to clearly outline the ownership shares and the implications should be discussed in detail.

These agreements can eliminate many problems concerning the joint ownership of business property. Again the specialist advice of your Solicitor is essential.