Estate planning increasingly needs to reflect family arrangements that do not fit the traditional model of one partner, spouse or civil partner. Wills for polyamorous relationships present particular challenges where clients are in committed arrangements involving more than two partners, while others may have entered into polygamous marriages overseas in jurisdictions where that marriage is legally valid.
These two situations are treated very differently . This article looks at the practical will‑planning issues that arise where clients have non‑traditional relationship structures.
Wills for polyamorous relationships: key definitions
For the purposes of this article, it is helpful to distinguish between two different structures:
- Polyamory: a relationship structure involving more than two unmarried partners. This is not itself a legally recognised relationship status in England and Wales.
- Polygamous marriage: a marriage involving more than two spouses. English law does not permit a person to enter into multiple marriages or civil partnerships. However, a polygamous marriage that was validly entered into overseas may be recognised here for certain purposes.
Intestacy
If a person dies without a valid will, their estate is distributed under the intestacy rules in section 46 of the Administration of Estates Act 1925, which prioritise spouses or civil partners, children and blood relatives.
Unmarried partners have no automatic entitlement, regardless of the length or seriousness of the relationship. For clients whose affairs involve wills for polyamorous relationships, a valid will is therefore essential.
The position can be different where the deceased was party to a valid overseas polygamous marriage. In Official Solicitor to the Senior Courts v Yemoh [2010] EWHC 3727 (Ch), the deceased was domiciled in Ghana, had entered into multiple polygamous marriages valid under Ghanaian law, and died intestate owning assets in England. The court held that the surviving wives were to be recognised collectively as “the surviving spouse” for the purposes of the intestacy rules.
Where an overseas polygamous marriage is recognised for succession purposes, it should not be assumed that a spouse has no status in England and Wales. Depending on the facts, more than one surviving spouse may have rights on intestacy.
Inheritance Act claims
The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to apply for reasonable financial provision if the will, or the intestacy rules, fail to make it.
Polygamous marriage
A surviving spouse is one of the categories of eligible applicant. In Re Sehota (deceased) [1978] All ER 385, a wife of a polygamous marriage was treated as the deceased’s wife for the purposes of the 1975 Act.
This means that a spouse from a recognised overseas polygamous marriage may be able to bring a claim if adequate provision has not been made.
Unmarried partners in polyamorous relationships
Unmarried partners do not fall within a special category under the 1975 Act. A claimant must fit within one of the statutory classes.
In a polyamorous relationship, the cohabitant category may be difficult to establish. The court must consider whether the claimant and deceased were living together as spouses or civil partners. This is an objective assessment of whether the relationship had sufficient marital or civil‑partnership qualities. Where the deceased maintained similar relationships with multiple partners, this may be relevant to whether any single relationship had the necessary spouse‑like character.
That said, there is no express statutory rule that only one person can qualify as a cohabitant. The statutory wording refers to “any person”, and the courts have not yet considered a multi‑partner scenario in this context. Each claimant would need to prove the full two‑year same‑household requirement and the necessary spouse‑like relationship.
The dependant category may be more flexible. Multiple partners could, in principle, qualify if each was being maintained by the deceased immediately before death. In practice, this may often be the stronger route where wills for polyamorous relationships are concerned and the deceased paid rent, household bills, living costs or provided accommodation.
Drafting point
If a client wishes to provide for some partners but not others, or to divide assets unequally, the will should state this clearly. A letter of wishes explaining the client’s reasoning, together with advice on the potential risk of 1975 Act claims, is important.
Inheritance tax planning
Inheritance tax planning can look very different depending on whether a partner is legally recognised as a spouse or civil partner.
Under section 18 of the Inheritance Tax Act 1984, transfers between spouses and civil partners are generally exempt. Where a valid overseas polygamous marriage is recognised, transfers to multiple spouses may benefit from spouse exemption.
A surviving spouse may also be able to use unused nil rate band from a deceased spouse. However, the Inheritance Tax Act does not allow for more than one transferable allowance and this is capped at 100% of one nil rate band.
For unmarried partners, spouse exemption does not apply. Gifts to them will instead use the nil rate band and may be liable to inheritance tax.
Shared homes and property ownership
For many clients, the home is the most sensitive asset. Several partners may live together, contribute to mortgage payments, fund improvements, or share childcare and household responsibilities.
Where wills for polyamorous relationships are being prepared, a will should not be viewed in isolation. For polyamorous households, lifetime arrangements may need to be documented separately:
- a cohabitation agreement recording how partners share expenses and responsibilities;
- a declaration of trust confirming beneficial interests where not all partners are legal owners.
A will may also grant a surviving partner or spouse a right of occupation or a life interest where occupation needs to be preserved while protecting assets for others. For unmarried partners, the lack of spouse exemption and transferable allowances may raise inheritance tax issues. A discretionary trust may offer greater flexibility, though relevant property charges would then apply.
Conclusion
Polyamorous relationships and overseas polygamous marriages require careful estate planning. Informal partners must be expressly provided for, while spouses from valid overseas marriages may be recognised for intestacy, 1975 Act and inheritance tax purposes. In practice, wills for polyamorous relationships should be drafted with particular clarity to ensure the estate reflects the client’s actual family arrangements.
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