Will for unmarried partner: what happens if you die without one - My Local Will Writer
If you are not married or in a civil partnership with your partner, they have no automatic right to inherit anything when you die. It does not matter how long you have been together, whether you have children, or whether you share a home. Under UK law, an unmarried partner is a legal stranger.
This surprises a lot of people. Many assume that living together for years creates some form of legal protection. It does not. A will for an unmarried partner is the only thing that changes this, because without one everything passes under the intestacy rules and your partner gets nothing. Common law marriage is a myth in England and Wales.
What is common law marriage
Common law marriage is the belief that couples who live together for long enough acquire the same legal rights as married couples. In England and Wales, that belief is wrong. There is no such thing as common law marriage in law, and it is probably the single most common misunderstanding we come across when people first look into this. The relationship can feel as settled and permanent as any marriage, and the law still does not treat it that way.
You might have lived together for five years or thirty. You might share every bill and raise children together. Your partner does not gain the inheritance rights of a husband, wife or civil partner through time spent together.
Scotland has a limited form of cohabitation rights under the Family Law (Scotland) Act 2006, but these are narrower than most people think and do not replicate the protections of marriage. In England and Wales, the only way to protect an unmarried partner financially is through a will, a declaration of trust for jointly owned property, or appropriate joint financial arrangements.
What are the intestacy rules
When someone dies without a will, their estate is distributed under the intestacy rules set out in the Administration of Estates Act 1925. These rules follow a strict order of priority:
- Spouse or civil partner
- Children, including adopted children but not stepchildren
- Parents
- Brothers and sisters of the whole blood
- Half-siblings
- Grandparents
- Aunts and uncles of the whole blood
- Half-aunts and half-uncles
Unmarried partners do not appear anywhere on this list. If you die without a will and leave behind an unmarried partner and your parents, your parents inherit everything. If your parents have died, your siblings inherit instead.
If you have children together, they inherit your estate under intestacy, held in trust until they turn 18. Your partner still inherits nothing directly. They may have shared your home, paid bills alongside you and depended on you financially, and the law will still direct your estate elsewhere.
What happens to the family home
This depends on how the property is owned, and for most cohabiting couples the home is the largest asset at stake. It is also where we field the most questions, because a lot of couples genuinely do not know which way they hold their property.
If you own as joint tenants, the property passes automatically to the surviving owner by right of survivorship. This happens outside the will and outside intestacy. Your partner keeps the home.
If you own as tenants in common, each of you owns a distinct share. Your share does not pass automatically to your partner. It passes under your will, or under intestacy if you have no will. That share could go to your children or parents, leaving your partner owning the home jointly with people they may barely know, sometimes under pressure to sell. Living in the home for years does not guarantee your partner can stay.
You can check which applies by looking at the Land Registry title register, which states the ownership type. If you own as tenants in common and want your partner protected, a will is essential, and you may also need a declaration of trust to record your shares and contributions.
Can an unmarried partner make a claim on the estate
If you lived together for at least two years immediately before the death, your partner can apply to the court under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision. This is a legal challenge to the intestacy distribution, not an automatic right.
It is not a reliable safety net. Claims can be contested by family members due to inherit under intestacy, and there is no guarantee the court awards what you would have wanted. The process is expensive and slow, and a contested claim can take a year or more to resolve. A relationship shorter than two years has no claim at all. A will removes the need for any of this and spares your partner a fight for provision while they are grieving.
Does inheritance tax apply between unmarried couples
Married couples and civil partners benefit from a complete spousal exemption, so transfers between them are entirely free of inheritance tax. Unmarried partners have no such exemption.
Each person has a nil-rate band, currently £325,000. If your estate is worth more than that and you leave it to your partner, inheritance tax is due on everything above the threshold at 40%. If your partner inherits a valuable home, they may face a bill they cannot pay without selling it. Inheritance tax planning for unmarried couples is more complicated than for married ones, and a carefully drafted will, sometimes with trust planning, is the place to start.
What an unmarried partner needs from your will
The single most important step is making a will, and each partner needs their own. One will does not cover two people.
Check how your property is held, joint tenants or tenants in common, and whether a declaration of trust is needed to record your shares and contributions.
Keep your pension nomination up to date. Pensions usually pass outside the will, with the scheme trustees deciding who receives any death benefit, but you can complete an expression of wish form naming your partner.
Review your life insurance so your partner is the named beneficiary, and check whether the policy is written in trust, which affects how quickly money is paid and whether it counts towards your estate for inheritance tax.
Set up a lasting power of attorney so your partner can act for you if you lose mental capacity. Without an LPA, your partner has no automatic authority over your finances or your care decisions, even after decades together.
If you have children together, a will lets you make proper provision for them and your partner, and name guardians. This matters most where there are children from a previous relationship or a blended family, and you may want to read our guide to remarriage and your will.
A will does not take long to put in place, and the cost is usually far lower than the cost of leaving things unresolved. Doing nothing is not a neutral choice. If you make no will, the intestacy rules decide what happens, and those rules may bear no relation to your relationship, your home or your wishes.
How much does a will cost
A basic will may suit simple circumstances, while more complex estates need additional advice covering property ownership, trusts, inheritance tax or blended family arrangements. You can read our full guide on how much does a will cost in the UK.
Start your will online
If anything here has prompted you to think about your own situation, the next step does not have to be complicated. My Local Will Writer works by phone, and the process is quicker than most people expect. Start your will online and get a quote here.
Frequently asked questions
Does common law marriage exist in England and Wales
No. Common law marriage does not exist in England and Wales. Living together for a long time does not give unmarried couples the same legal rights as married couples or civil partners.
What happens if I die without a will and I am not married
Your estate is distributed under the intestacy rules. These rules do not include unmarried partners, so your partner may inherit nothing unless assets pass to them another way, such as through joint ownership.
Can my unmarried partner inherit my home
It depends how the home is owned. If you own as joint tenants, your partner may automatically inherit the property. If you own as tenants in common, your share passes under your will, or under intestacy if there is no will.
Can my partner claim on my estate if we were not married
Possibly. If your partner lived with you for at least two years immediately before your death, they may be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975. This is not automatic and may involve a court process.
Does inheritance tax apply between unmarried couples
Yes, it can. Unmarried partners do not benefit from the spouse or civil partner inheritance tax exemption. If the estate is above the available threshold, inheritance tax may be due.
What should cohabiting couples do to protect each other
Cohabiting couples should each make a will, check how their property is owned, update pension nominations, review life insurance and consider lasting powers of attorney.