What Happens to an Unmarried Partner If You Die Without a Will?
Living together for years does not, by itself, give your partner an automatic inheritance under the intestacy rules. Your home, children and other assets can each raise a different question.
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The short answer: if an unmarried partner dies without a valid Will, the surviving partner does not automatically inherit their estate simply because they lived together. Some jointly owned assets may pass to the survivor under their ownership arrangements, so it is vital to check the detail rather than assume everything follows one rule.
Does an unmarried partner inherit without a Will?
In England and Wales, the intestacy rules decide who inherits an estate when someone dies without a valid Will. An unmarried partner is not included simply because the couple lived together, shared bills or had been in a relationship for many years.
The estate may instead pass to children or other qualifying relatives according to those rules. This can differ sharply from what the couple expected. You can check the official GOV.UK intestacy guidance.
Important distinction: “We live together” is not the same as “we have made arrangements for each other.” A valid Will, the form of property ownership and relevant beneficiary nominations all need to be considered together.
If you are making a Will for the first time, our Will writing service can help you identify the people you want to benefit and the practical questions your Will should address.
What happens to the home you share?
The answer depends on who owns it and, if you own it jointly, how you own it. Paying towards a mortgage or household costs does not on its own tell you how legal and beneficial ownership will be treated.
Joint tenants
The property normally passes automatically to the surviving joint owner. You cannot leave a separate share of it to someone else through your Will.
Tenants in common
Each owner has a share. That share does not automatically pass to the other owner and can be left under a Will. Without a Will, the deceased owner’s share is dealt with under the intestacy rules.
If the property is in one partner’s name alone, the other partner should not assume they will inherit it. Check the title, any ownership agreement and the wider circumstances with an appropriately qualified professional. The official joint property ownership guide explains the two main ways of owning a home together.
For a fuller explanation, read our guide to joint tenants and tenants in common.
What if you have children together or from earlier relationships?
Children can affect who inherits when someone dies without a Will. A couple may also want to provide for a surviving partner while preserving an intended inheritance for children. Those goals should be written down and reviewed alongside property ownership.
For a blended family, do not rely on a general assumption that “our family knows what we want.” Speak clearly about a current partner, children from earlier relationships, shared children and any stepchildren. Our guide to Wills for blended families covers the questions to raise.
Example: if an unmarried couple owns a home as tenants in common and one partner dies without a Will, the survivor keeps their own share, while the deceased partner’s share is dealt with separately. The precise outcome depends on the estate and eligible relatives.
Could a surviving partner make a claim?
In some circumstances, a surviving cohabiting partner may be eligible to seek reasonable financial provision from an estate under the Inheritance (Provision for Family and Dependants) Act 1975. Eligibility and any outcome depend on the facts; this is a potential court claim, not automatic inheritance.
A claim may involve cost, uncertainty and difficult discussions at an already stressful time. If someone has died and you may need to make a claim, seek specialist legal advice promptly. The legislation sets out who may apply.
Five things unmarried couples should review now
Your Wills
Decide who should inherit, choose executors and record your wishes in valid documents.
Your home
Check whether you own it as joint tenants, tenants in common or in one name.
Your dependants
Think about children, a partner who relies on you and any family from an earlier relationship.
- 04 — Pensions and life cover: check current beneficiary nominations and the rules of each scheme or policy. These may operate differently from assets passing under a Will.
- 05 — Decisions during your lifetime: a Will deals mainly with death. Consider whether a Lasting Power of Attorney is appropriate so trusted people can help with relevant decisions if needed.
You do not need to decide the solution before you enquire. Start by listing what you own, who depends on you and what you want to happen. A review can identify which documents and checks are genuinely relevant.
Common questions from unmarried couples
Is there a “common law marriage” that gives my partner inheritance rights?
Living together does not make an unmarried partner a spouse or civil partner under the intestacy rules. Check any jointly owned assets separately, and make a Will if you want to set out your wishes for your estate.
If we own the house jointly, do we still need Wills?
It is still sensible to review Wills. A home held as joint tenants may pass to the surviving owner automatically, but other assets, children, executors and what happens after the second death can still need planning.
Can my partner automatically deal with my finances if I lose capacity?
No. Being someone’s partner does not automatically provide authority to manage all their affairs. A registered Lasting Power of Attorney may allow someone you choose to act within its terms.
Do we automatically need a Trust?
No. Some families may benefit from discussing Trust planning, particularly where there are different beneficiary needs, but the starting point is to understand your circumstances, property ownership and goals.
Can Evans Legacy Planning help us if we are outside Cardiff?
Evans Legacy Planning supports suitable clients across England and Wales. The team can discuss your enquiry by telephone and check adviser availability for your postcode before arranging a pre-booked home visit where available.
This is general information for England and Wales, not advice on an individual estate. Ownership documents, family circumstances and the law applicable at the relevant time should be checked before making decisions.
Make sure your wishes are more than an assumption
Tell us about your relationship, home, children and existing arrangements. We will telephone you to discuss your enquiry and check whether an adviser visit is available for your postcode.
Request Your Complimentary Family Legacy Review 0800 112 5513