A couple can share a home, raise children, pay bills together and be together for decades – yet the law may treat them very differently from a married couple. The question “do cohabitees inherit?” has a clear answer in most cases: not automatically. If your partner dies without a valid will, being their unmarried partner does not normally give you a right to inherit their estate.
That can be a painful surprise at an already difficult time. It can also leave the surviving partner facing uncertainty over their home, savings and day-to-day finances. Making a will is the clearest way to ensure the person you have chosen as your family is legally provided for.
Do cohabitees inherit under intestacy rules?
In England and Wales, the intestacy rules decide who receives someone’s estate when they die without a valid will. These rules give priority to married couples and civil partners, followed by certain blood relatives. They do not recognise a cohabiting partner as an automatic beneficiary, however long the relationship has lasted.
This remains true even if you call each other husband and wife, have joint children or have lived together for many years. The idea of a “common-law marriage” is widely used in everyday conversation, but it does not give unmarried couples the same inheritance rights as marriage or civil partnership.
If a person dies intestate leaving children but no spouse or civil partner, their children will usually inherit. If there are no children, the estate may pass to parents, siblings, nieces and nephews, or more distant relatives under a strict order. A surviving cohabitee may receive nothing.
This can produce outcomes that feel entirely at odds with a couple’s wishes. For example, Maya and Tom have lived together for 18 years in a house owned solely by Tom. When Tom dies without a will, his adult children inherit the house under the intestacy rules. Maya may have contributed to the household and expected to remain there, but she has no automatic right to own or stay in the property.
Jointly owned property can be different
Whether a surviving partner keeps the home often depends on how it is owned. This is separate from the intestacy rules, so it is vital not to make assumptions based on the title deeds alone.
When a property is owned as joint tenants, each owner owns the whole property together. On the death of one owner, their share usually passes automatically to the surviving owner through the right of survivorship. It does not pass under the will or intestacy rules.
When a property is owned as tenants in common, each person owns a distinct share, such as 50 per cent or another agreed proportion. That share forms part of their estate when they die. Without a will, it will pass under the intestacy rules – potentially to children or other relatives rather than the surviving cohabitee.
Joint ownership can provide useful protection, but it is not a complete estate-planning solution. It does not deal with savings held in one name, personal belongings, investments, a car or a share of another property. It may also be unsuitable where someone wants their share of a home ultimately to pass to their children while allowing their partner to remain living there.
A will can set out the right arrangement for your circumstances. For some couples, that may mean leaving a share of the property outright to a partner. For others, a trust may allow the surviving partner to stay in the home while protecting the capital for children later.
Can a surviving cohabitee make a claim?
A cohabitee who has been left out of a will, or where there is no will, may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This is sometimes called a 1975 Act claim.
To qualify as a cohabitee, the surviving partner generally needs to have lived in the same household as the person who died, as if they were a married couple or civil partners, for at least two years immediately before the death. Other people who were financially maintained by the deceased may also have grounds to claim.
A successful claim is not guaranteed. The court considers the applicant’s financial needs and resources, the size of the estate, the needs of other beneficiaries, the length and nature of the relationship, and contributions made to the household or family. For an unmarried partner, provision is generally based on what is reasonable for their maintenance rather than an automatic share of the estate.
Court action can be expensive, stressful and divisive for families. There are also strict time limits, usually six months from the grant of probate or letters of administration. A claim may be necessary in some situations, but it is a poor substitute for a clear will made while both partners are alive and able to discuss their wishes.
What about pensions, life insurance and joint accounts?
Not every asset is distributed through a will or intestacy. Pension death benefits are often held in the discretion of pension trustees or providers. Completing and keeping an expression of wish form up to date can help show who you would like to receive any death benefits.
Life insurance may be paid to a named beneficiary, into a trust or to the estate, depending on the policy. Check the paperwork rather than assuming your partner will receive the proceeds.
Money in a joint bank account will often pass to the surviving account holder, although the position can depend on the account terms and the source of the funds. Sole accounts, ISAs and investments held only in one person’s name will usually form part of their estate.
These arrangements can offer short-term financial protection, but they should sit alongside a will. Relying on a joint account or pension nomination alone may leave important assets unaddressed and can create unfairness between a partner and children.
How cohabiting couples can protect each other
A well-written will lets each partner decide who should inherit, who should manage the estate and what should happen to the home. It removes the guesswork that intestacy creates.
Start by listing what each of you owns, including property, savings, pensions, insurance and possessions with sentimental or financial value. Then check how your home is owned. If you are unsure whether you are joint tenants or tenants in common, obtain advice before deciding what your wills should say.
You should also think about what happens if one partner dies first and what should happen after the survivor’s death. A straightforward gift to a partner may be right for some couples. Where there are children from a previous relationship, a life interest trust or another form of property protection may better balance a partner’s security with children’s future inheritance.
Choose reliable executors who can deal with paperwork, debts and distributions after your death. It is sensible to name substitute executors too, in case your first choice cannot act. If you have children under 18, a will is also the place to appoint guardians, although the final position will always depend on the child’s welfare and who has parental responsibility.
For a will to be valid, it must be properly signed and witnessed. In England and Wales, this normally means signing in the presence of two witnesses who are both present at the same time, and who then sign. A beneficiary, or the spouse or civil partner of a beneficiary, should not act as a witness because this can cause the gift to them to fail.
Do not leave your partner’s future to assumption
Cohabitation may reflect a committed, permanent relationship, but it does not create automatic inheritance rights. Marriage or civil partnership changes the legal position, although a will is still essential for setting out your full wishes and can be affected by a later marriage.
For unmarried couples, the need for a will is particularly urgent. A fixed, clear plan can spare your partner from having to negotiate with relatives or pursue a court claim while grieving. English Wills helps make this practical step more accessible, but the key decision is simply not to put it off. Put your wishes in writing while you can, so the people you love have protection rather than uncertainty.