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From pillow talk to paperwork: The Will to be wise for cohabiting retirees

It’s Wills Month 2025 – and we’re here to remind you: It’s Will-able.

More and more South African retirees are choosing companionship over convention – living together without walking down the aisle. It’s a lifestyle shift that celebrates independence and love in later life, but it also raises some tricky questions: What happens when your relationship is recognised by your heart, but not by the law?

Here’s where the Will to be wise comes in.

Unmarried, but not unentangled
Cohabiting retirees often live in what we call the autonomy paradox: free to design their lives together, but with fewer legal safety nets than married couples.  And here’s the kicker,  without a Will, the law won’t automatically protect your partner. In fact, your surviving partner could be left with nothing at all.

As Roy McMurchie, Head of Fiduciary Services at PPS, explains, “A Will is the bridge between love and the law. For cohabitants, it’s the only way to make sure your intentions are respected.”

Four gaps cohabiting retirees often overlook
1.    Medical decision-making
No Will? No healthcare directives? Then hospitals aren’t obliged to involve your partner in critical medical decisions.
2.    Property pitfalls
If the home is in one partner’s name, it could pass to their heirs, not the partner who actually lives there.
3.    Tax talk
Spouses get estate duty exemptions. Cohabiting partners? Not so lucky – cue capital gains tax and estate duty.
4.    Pension pickles
Even if your partner is a named beneficiary, trustees have the final say. Delays, disputes, or diversions can happen.

A three-pillar plan for cohabiting partners
At PPS Fiduciary, we believe planning for love and legacy is absolutely Will-able. Here’s how to start:

•    Cohabitation agreements
Spell out financial responsibilities and asset rights – before life (or the law) decides for you.
•    Trust structures
A trust – like the PPS Beneficiaries Trust – safeguards wealth, especially where children or vulnerable dependants are involved. Think of it as a protective bubble for your partner’s future.

•    Regular reviews
Love evolves. So should your paperwork. Review Wills, directives, and digital access every year, or whenever life takes a turn.

Modern love, modern assets
Did you know 63% of cohabiting clients forget about digital assets like crypto, NFTs, or even online royalties? That’s future wealth potentially lost. As McMurchie puts it:
“Modern love needs modern planning. The Will to be wise means planning for the unexpected, from Bitcoin to family heirlooms.”

Why bother?
Because estate planning isn’t about wealth alone, it’s about clarity, dignity, and continuity. It’s about making sure your partner is looked after, your wishes are honoured, and your legacy reflects your life.

So, if you’re cohabiting in retirement, remember verbal promises won’t cut it. Only a Will makes it real.

This Wills Month, give yourself and your loved one the ultimate gift: the Will to be wise.

PPS Fiduciary is here to help you make it official, fair, and future-proof. Because when love meets legacy, it’s always Will-able.