When you live together as an unmarried couple, there are many legal aspects that can affect your lives. One of the most important is having a will. Although it may not be something you think about day to day, a will can be crucial to your future security and peace of mind.
Unmarried cohabiting couples do not automatically have the same rights as married couples. This means that if one of you passes away without a will, the surviving partner may be left with no inheritance or financial security. This is because of Denmark’s inheritance laws, under which only spouses and biological children have a natural right to inherit.
One example could be Jens and Mette, who had lived together for 15 years without marrying or making a will. When Jens died suddenly in an accident, Mette was left with the loss of her partner and uncertainty about their shared home. Without the protection of a will, she had to move out of the house.
Making a will lets you protect each other financially and emotionally. It also helps avoid misunderstandings between your families in the event of a death.
By setting out your wishes in a will, you take control of your belongings and protect each other as well as possible against legal complications.
Classes of heirs: what unmarried cohabiting couples need to know
If you live with your partner without being married, it is important to know about the concept of classes of heirs (arveklasser). This is because they can affect how your belongings are divided in the event of a death.
In Denmark there are three classes of heirs, which determine the order in which heirs inherit. These classes are key to understanding who is entitled to inherit if one of you passes away without a will.
The first class of heirs consists of children and grandchildren. If you or your partner have children, they will automatically come first in line to inherit.
The second class of heirs includes your parents and their descendants. That means siblings as well as nephews and nieces.
The third class of heirs covers grandparents and their descendants. Aunts, uncles and cousins fall into this category.
For unmarried couples, these rules can mean a great deal of uncertainty, as the surviving partner is not automatically part of any class of heirs. Without a will, you therefore risk that neither the partner nor any children you have together will inherit from the deceased’s estate.
Understanding these classes helps you make informed decisions about making a will. It gives you the chance to protect each other financially despite the lack of legal protection.
The three classes of heirs explained
If you live together without being married, it is important to understand the three classes of heirs. They determine who is entitled to inherit and in what order.
- First class of heirs: This class includes children and grandchildren. This means that if one of you has children from a previous relationship or you have children together, they will automatically have first claim to the inheritance. For unmarried cohabiting couples, this can mean that the partner gets no share of the estate without a will.
- Second class of heirs: Here you will find parents and their descendants, such as siblings, nephews and nieces. If there is no one in the first class of heirs, the inheritance passes to this group. This can create challenges for unmarried couples without children together or with children from previous relationships.
- Third class of heirs: This class covers grandparents as well as aunts and uncles, including their descendants such as cousins. If there is no one left in the first two classes, this group will inherit.
For many unmarried couples, these rules create financial uncertainty in the event of a death, as the surviving partner is not automatically included in any of these classes.
How to protect each other with a will
Making a will is one of the best ways for unmarried cohabiting couples to protect each other. It lets you take control of how your assets and belongings are divided in the event of a death.
There are several types of will, but for unmarried couples it can be an advantage to choose an extended cohabitant’s will (udvidet samlevertestamente). This document can give the surviving partner inheritance rights on a par with those of a spouse, which means greater financial security. A simple will can also be suitable if you want more flexibility in how the inheritance is divided between the partner and any children.
When you make a will, it is important to discuss your wishes thoroughly. Consider which assets should go to whom, and how valuable items such as your home or car should be handled. Remember also to allow for future changes in your circumstances, such as births or buying property.
The next step is to get help from a lawyer or legal adviser with experience in family law. They can make sure the will meets all the legal requirements and help you draw up the documents correctly.
A practical example could be Lise and Erik, who have lived together for many years with no plans to marry. With an extended cohabitant’s will, they make sure that their shared home passes to the surviving partner in the event of a death – something the law would not otherwise automatically allow.
Good advice on making a will
When you and your partner decide to make a will, it can seem like a complex process. Here are some practical tips to help you get off to a good start:
- Start with an overview of what you own: Take the time to list everything of value, both financial and personal. This includes your home, cars and savings, as well as any jewellery or works of art.
- Put your wishes clearly in writing: Think carefully about how you want your assets divided between the two of you and any children or other heirs. It can help to discuss this together so that you are both on the same page.
- Key document – the cohabitation will: For unmarried couples, the cohabitation will (samlevertestamente) is a central document, as it secures the surviving partner’s right to inherit on a par with spouses. Consider whether the extended cohabitation will is the best fit for your situation.
- Get legal advice: A lawyer specialising in family law can guide you through the process and make sure the will meets all legal requirements. This minimises the risk of mistakes and misunderstandings later on.
- Avoid pitfalls – update regularly: Life circumstances often change; births, divorces or buying property may call for changes to the will. Remember to review and update the documents regularly as needed.
One example of a pitfall is not reviewing existing insurance policies and pensions when your circumstances change – always remember to include these in your overall planning.
Benefits of an extended cohabitation will
An extended cohabitation will (udvidet samlevertestamente) is a special type of will that can give unmarried couples living together many of the same rights as spouses. This means that, as a couple, you can provide for each other financially in a way the law does not otherwise do automatically.
If you choose an extended cohabitation will over an ordinary will, the surviving partner gets the same right to inherit as a spouse would have. This includes, for example, the right to keep the estate undivided (uskiftet bo), which means not having to share the inheritance with children or other heirs immediately after the death.
This type of will can also help prevent disputes over property and the division of assets between your respective families. If you own a home together or have joint savings, the extended cohabitation will makes it clear how these assets are to be divided.
Imagine, for example, Peter and Maria: they live together in a house but are not married. Without such a will, Maria risks having to sell the house when Peter dies in order to pay his heirs their share. With an extended cohabitation will, they protect themselves against this situation.
Compared with an ordinary will, the extended version therefore offers significantly more security and clarity about the financial relationship between unmarried partners. It removes uncertainty about the future and effectively protects both partners’ interests.
Conditions and alternatives for an extended cohabitation will
To make an extended cohabitation will, there are some conditions you must meet. First and foremost, the will must be in writing and signed by both partners. It must also be attested by two witnesses or a notary to make sure it is valid.
When you choose this type of will, it is important to understand how it may affect your financial situation. An extended cohabitation will gives the surviving partner the right to inherit on a par with spouses, but it also calls for careful consideration of the financial consequences.
Alternatives to an extended cohabitation will include ordinary wills or mutual wills. These can also protect you both to a degree, but they do not offer the same protection as an extended will. While ordinary wills can give flexibility in dividing the inheritance between your partner and other heirs, they lack the comprehensive security of an undivided estate.
It is therefore crucial to weigh up the pros and cons of each alternative based on your specific needs and wishes. Think carefully about which solution best protects you as an unmarried couple living together.
What to consider if you are not married
If you live together without being married, there are several important factors you should take into account when it comes to inheritance. Navigating the legal and financial aspects can be a challenging process, but by making decisions in advance you can give each other the best possible protection.
Financial considerations
When you live together without being married, you have no automatic right to each other’s assets or possessions on death. That is why it is important to keep your joint finances in order. Consider how assets such as your home, cars and savings should be divided in the event of a death.
A good tool here is an extended cohabitation will, which can secure the surviving partner’s rights. Remember also to review your insurance and pensions – make sure the named beneficiaries are up to date and match your wishes.
Family dynamics
Inheritance can often lead to conflict within the family, especially if there are no clear agreements in place. As an unmarried couple, your respective families may expect to inherit from both of you. Discuss your plans openly with family members and make sure everything is documented on paper.
If you have children from previous relationships (særbørn), their interests must also be properly protected in the will. This often calls for special consideration to avoid future conflicts between your partner and those children.
Future plans
Think long term about your life together as a couple. Are you planning to buy property? Or perhaps start a business together? These decisions affect both your current situation and the possible consequences for inheritance later on.
Make sure you review these plans and any existing wills regularly as needed – life is always changing! By staying actively involved, you protect yourselves against unexpected scenarios should you lose your partner.
The role of insurance and pensions
Relevant insurance
As an unmarried couple living together, it is important to consider which types of insurance can protect you financially. Life insurance is a key option, as it can provide financial security for the surviving partner in the event of a death. Also consider accident insurance and disability insurance, which offer protection in case of accidents or long-term illness.
You need to go through your existing policies and make sure your choice of beneficiaries is up to date. That way, you give each other the best possible protection without legal complications.
Including pensions in your will
Pensions play a crucial role in many couples’ long-term financial security. When you make a will as an unmarried couple living together, you should decide how your pension savings are to be distributed.
Some pension schemes allow you to nominate specific beneficiaries outside the will. This makes it easier for the money to go directly to the chosen person without tax complications or lengthy legal processes.
So make sure you look closely at your pension schemes and use the options for naming each other as beneficiary directly through the scheme’s own procedures. This gives extra peace of mind on top of the provisions in your will.
Wills: shared children and children from previous relationships
If you are an unmarried couple with both shared children and children from previous relationships, it is important to make a clear plan for how your estate is to be divided. Inheritance can often be a source of conflict, especially when several children are involved who have different relationships with the parents.
Balancing everyone’s interests
One way to handle this is to make sure that every child’s interests are taken into account in the will. It can help to talk to each group of children individually to better understand their expectations and needs.
Consider whether all the children should inherit equally or whether special circumstances apply – for example, if one child has greater financial needs or has already received an advance on their inheritance in the form of gifts.
An example of potential conflict
Imagine a situation where one partner dies without a clear will. This could lead to uncertainty about how the inheritance should be divided between your shared children and the children from previous relationships.
If the children from previous relationships do not feel they have been treated fairly, it can lead to strained relations among the family members left behind. The will should therefore clearly set out the exact distribution and any conditions attached to the inheritance.
For example, it could specify which possessions or sums each child is to receive – perhaps you would even like to set up funds specifically for their education or life projects?
With careful planning, you avoid misunderstandings later on and ensure harmony within the family after one partner dies.
How to prioritise children from previous relationships in your will
Including children from previous relationships fairly in your will can be a challenging task. It takes careful thought and communication to make sure all the children feel valued and respected. Here are some steps you can take to prioritise these children:
- Identify their needs: First, you need a clear understanding of each child’s individual needs and wishes. This means talking to them about their expectations and plans for the future.
- Consider dividing the inheritance equally: Discuss as a couple how the inheritance should be divided between shared children and children from previous relationships. Consider whether an equal division would be appropriate, or adjustments based on special circumstances.
- Involve a legal adviser: To avoid misunderstandings or mistakes, it is wise to consult a lawyer with experience in family inheritance matters. They can help you with precise wording in the will.
- Document your wishes clearly: Make sure your decisions about how things are to be divided are clearly documented in the will, so that no doubt arises afterwards.
- Review the will regularly: Circumstances change, so you should go through your will regularly to make sure it still reflects your family’s current dynamics and financial situation.
These steps help you build a solid foundation of trust between you as a couple and your children – both shared children and those from previous relationships – while minimising the risk of conflict.
Security of digital wills
Digital wills are becoming increasingly popular with unmarried couples living together because of their practical advantages and flexibility. They offer an easier way to set out and update your wishes about inheritance without the need for physical documents.
How they work
When you opt for a digital will, you enter your details online through a secure platform that stores the data in the cloud. This lets you quickly make changes as your life evolves, such as new children or changes in your finances.
Technological security measures
Encryption technologies are used to protect your digital will against unauthorised access. These ensure that only authorised people can access the information. In addition, two-factor authentication is often used as extra protection, requiring both a code and a personal login before access is granted.
Although digital wills are secure, it is important to choose a reliable service provider with a strong data protection policy. Make sure you update your login details regularly and keep track of who has access to the account.
By actively understanding and using these technologies, you gain not just legal certainty but also peace of mind about your wishes for the future.
Wishes for the future: how to communicate them
It is important for unmarried couples living together to set out their wishes for the future clearly in a will. This can prevent misunderstandings and make sure both partners’ wishes are respected when the time comes.
Clear wording
When you write your will, you should use clear and precise wording. This helps avoid ambiguity and ensures your intentions are followed exactly. Consider going through the will with a legal adviser for extra certainty.
A potential miscommunication could arise if one partner assumes that certain possessions will automatically go to his or her family without this being explicitly stated in the will. This could lead to conflicts among the family members left behind.
Regular updates
Life is constantly changing – new children may come into the world, financial situations may change, or personal relationships may develop in unexpected ways. That is why you need to update your will on an ongoing basis to reflect these changes.
By regularly discussing and adjusting your plans for the future, you avoid unnecessary surprises and ensure you understand each other’s expectations. This creates not only legal security but also stronger trust between you as a couple.
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