If you and your partner are not married or in a civil partnership, the law may not treat you as a family when one of you dies. Inheritance rights for unmarried couples are far more limited than many people expect, even after decades together, shared children and a jointly owned home. A will is often the document that turns your wishes into protection for the person you love.
Do unmarried partners inherit automatically?
Usually, no. In England and Wales, an unmarried partner has no automatic right to inherit under the rules of intestacy. These are the legal rules that decide who receives an estate when someone dies without a valid will.
The phrase “common-law husband” or “common-law wife” is still widely used, but it has no legal standing in inheritance law. Living together for two years, ten years or longer does not give a cohabiting partner the same inheritance position as a spouse or civil partner.
If you die without a will, your estate may pass to your children, parents, brothers and sisters, or more distant relatives, depending on who survives you. Your partner could receive nothing at all. That can be a painful surprise at an already difficult time, particularly where the surviving partner relies on the deceased’s income or has lived in a home that was solely in the deceased’s name.
What happens under intestacy?
The outcome depends on your family circumstances and the assets you leave behind. If you have children, they will normally be first in line to inherit. If you do not have children, your estate may pass to parents, siblings, nieces and nephews, or other relatives under a fixed legal order.
Your unmarried partner is not included in that order. This applies whether you shared bills, raised children together or considered yourselves fully committed. It can also create practical problems: the person you would have chosen to manage your affairs may have no automatic authority to deal with the estate.
A will allows you to choose who inherits and who acts as executor. For many couples, that means leaving assets to the surviving partner first, then deciding what should happen to the estate when the second partner dies.
A possible court claim is not the same as inheritance
Some cohabiting partners may be able to apply to court for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. Generally, a partner must have lived in the same household as the deceased, as if they were a married couple or civil partners, for the whole of the two years immediately before the death.
This is not an automatic inheritance right. A claim can be costly, time-consuming and emotionally draining, and its outcome depends on the facts. The court may consider factors such as the applicant’s financial needs, the size of the estate, the length of the relationship, contributions made to the household and the needs of other beneficiaries.
Even where a claim may be available, it is far better not to leave a surviving partner facing a legal dispute with children or relatives. A clear, valid will is usually the simpler and kinder route.
Your home may not pass as you expect
How you own your property matters just as much as whether you have a will. Couples who own a home together commonly hold it in one of two ways.
Joint tenants
If you own a property as joint tenants, the deceased owner’s share normally passes automatically to the surviving owner by survivorship. It does not pass under the will. This can provide immediate security for the surviving partner, but it may not suit every family situation.
For example, someone with children from an earlier relationship may want their partner to stay in the home while ultimately preserving their share for their children. Joint ownership alone may not achieve that result.
Tenants in common
If you own as tenants in common, each owner has a defined share. That share does not automatically pass to the other owner. Instead, it forms part of the estate and passes according to a will or, if there is no will, intestacy.
This arrangement can offer more flexibility. A will might leave your share to your partner, or place it in trust so they can remain in the property while your chosen beneficiaries receive the share later. Trust planning needs careful thought, especially where there are children, a mortgage or different contributions to the purchase price.
If one partner owns the home in their sole name, the risk is greater. Without a will, the surviving partner may have no right to inherit the property, however long they have lived there.
Making a will protects more than money
A will is not only about a bank balance. It gives you a chance to set out decisions that could otherwise be left to intestacy rules or family disagreement. You can appoint executors you trust, leave specific gifts, provide for children and make clear who should receive the remainder of your estate.
For an unmarried couple, the will should reflect the reality of your finances and family life. That may mean leaving everything to each other. It may mean providing a right to live in the home rather than an outright gift. Or it may mean balancing provision for a partner with gifts to children from a previous relationship.
There is no single right answer. The point is that you decide, rather than relying on rules that do not recognise your relationship in the way you might expect.
Do not overlook pensions, life insurance and accounts
Not every asset passes through a will. Pension death benefits are often paid at the discretion of the scheme trustees, so keeping an expression of wishes form up to date is essential. Life insurance may pass according to the policy terms or a trust arrangement. Joint bank accounts can also operate differently from sole accounts.
Review these arrangements alongside your will. Naming your partner on a pension nomination can be valuable, but it should not be treated as a substitute for a full estate plan. Your home, savings, personal belongings and other investments may still need clear instructions in a will.
Inheritance tax can also be a consideration. Married couples and civil partners may benefit from exemptions and transferable allowances that unmarried couples do not have. The effect depends on the value and type of assets involved, so larger or more complex estates may need tailored professional advice.
How to make a will legally valid
For a standard will in England and Wales, you must be aged 18 or over, make the will voluntarily and understand its effect. It must be in writing, signed by you, and witnessed by two people who are present at the same time.
Choose witnesses carefully. A beneficiary of the will, or the spouse or civil partner of a beneficiary, should not act as a witness. Doing so can cause that beneficiary’s gift to fail. Independent adult witnesses are normally the safest choice.
Once signed, store the original safely and make sure your executors know where to find it. An unsigned draft, a photograph or a document hidden so well that nobody can locate it may not help when it is needed.
When should you update your arrangements?
Review your will after major changes, including buying a property, having a child, separating, receiving an inheritance or starting a new long-term relationship. A change in how you own your home is also a good reason to check whether your will still works as intended.
If you marry or enter a civil partnership, an existing will is usually revoked unless it was made in contemplation of that particular marriage or civil partnership. That is one reason not to put estate planning off until later.
For straightforward needs, an affordable online will can help you record clear wishes without making the process feel overwhelming. English Wills is designed to make those essential decisions easier to understand and act on.
The most caring step is not assuming your partner will be looked after. It is putting your wishes in writing while you can, so the person beside you has clarity, security and one less battle to face.