Many couples live together for years, sharing a home, finances, and children, believing that time alone provides the same protection as marriage. It doesn’t.
In England and Wales, an unmarried partner has no automatic right to inherit, regardless of how long the relationship lasted.
To understand your rights and risks, this guide from our Contentious Probate Lawyers walks you through what actually happens when a cohabiting partner dies, why the law treats unmarried couples so differently, and the practical steps you can take so the survivor isn’t left with nothing.
Inheritance Rights For Unmarried Couples
Do unmarried partners inherit automatically?
No. An unmarried partner does not automatically inherit when their partner dies; there is simply no equivalent of the rights a spouse or civil partner has.
If your partner dies without a Will (known as dying “intestate”), the intestacy rules decide who inherits, and those rules do not recognise an unmarried partner at all, even if you cohabited for decades, had children together, or were regarded by everyone as “as good as married”.
Some assets may still pass to you because of how they are owned rather than inherited (for example, a joint bank account, or a home held as joint tenants), but that is a function of ownership structure, not any inheritance right as a partner.
Without planning, the surviving partner can be left in a very exposed position.
Why does the law treat unmarried couples differently?
Inheritance law in England and Wales is still built around the idea of marriage and civil partnership.
This is reflected by spouses and civil partners having strong rights under the intestacy rules and wider succession law.
Cohabiting partners, by contrast, generally have no automatic rights to each other’s estate.
The law effectively treats them as unrelated adults, unless they jointly own assets that pass automatically on death, have made a valid Will or agreement, or qualify to bring a claim against the estate.
This gap causes real hardship, and it’s the main reason solicitors urge cohabiting couples to plan ahead.
What Happens When There is No Will?
Intestacy rules and who inherits
When someone dies without a valid Will, the intestacy rules set the order of inheritance. In England and Wales, they broadly prioritise, in turn: a spouse or civil partner; then children and other direct descendants; then parents, siblings and wider relatives.
An unmarried partner appears nowhere on that list.
So if your partner dies intestate, their children inherit, or, if there are none, their parents or other relatives do.
As the surviving partner, you will receive nothing under intestacy, no matter how long you were together.
Why a surviving partner may receive nothing
Several things can combine to leave a survivor with nothing: the intestacy rules don’t recognise them; the home may have been in the deceased’s sole name, so it passes to relatives rather than the partner; no claim is made in time; or the relatives who inherit are unwilling to share or to let the partner stay in the property.
There is a route to challenge this, which is a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
To pursue this claim, an application must be made to the courts within a strict time limit.
The specific process and requirements are explained further below, but it is important to note that the outcome is never guaranteed.
Property, Joint Assets and Beneficiary Nominations
Joint tenancy versus tenants in common
How you own your home together is one of the most important factors of all.
If you own the property as joint tenants, the deceased’s share passes automatically to the surviving owner by the “right of survivorship”, outside the Will and intestacy.
The property doesn’t form part of the estate for succession purposes (though it still counts for inheritance tax purposes). This is what gives a surviving partner security in the home.
If you own as tenants in common, each of you owns a defined share, and on death that share passes under the deceased’s Will or, if there is none, under intestacy; it does not pass automatically to the survivor.
Tenancy in common is useful for flexible planning (for example, leaving a share to children), but it can leave a cohabiting partner badly exposed if there is no Will that provides for them.
Couples should check how their property is held and whether it still reflects their wishes.
Bank accounts, pensions and life insurance
Different assets follow different rules, which can either help or hinder a surviving partner:
- Joint bank accounts usually pass automatically to the surviving holder outside the estate (though they remain relevant for inheritance tax).
- Sole accounts fall into the estate and pass by Will or intestacy, usually not to the partner.
- Pensions often pay death benefits at the discretion of the scheme trustees. A nomination form is not always binding, but it strongly guides who receives the benefit, so a properly nominated partner is far more likely to be provided for.
- Life insurance written in trust or with a named beneficiary usually pays out directly to that person, outside the estate. This is an effective way to provide for a partner. Without a trust or beneficiary, the proceeds fall into the estate.
Because so much can pass outside the Will, getting ownership and nominations right is often as important as the Will itself.
Ways to Protect an Unmarried Partner
Making a valid Will
For unmarried couples, a valid Will is the single most important protection.
It lets you leave your estate (or a share) directly to your partner, give them the right to live in the home for life or a set period while preserving capital for children, appoint executors you trust, reduce the risk of family disputes, and plan for inheritance tax.
To be valid, a Will must meet strict signing and witnessing requirements, meaning DIY Wills are risky, particularly in blended families and when significant property or business interests are involved. Without a Will, you’re relying on intestacy rules that don’t recognise your partner at all.
Cohabitation agreements and legal claims
A cohabitation agreement records the financial basis of your relationship, who owns what share of the home, how contributions to the mortgage and bills are treated, and can later serve as evidence of contribution or dependence.
It doesn’t replace a Will, but it complements one.
Where a partner dies, and the survivor is left without reasonable provision, they may be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975.
To qualify as a cohabitant, you must generally have lived with the deceased in the same household, as if you were spouses or civil partners, for at least the two years immediately before death.
Alternatively, you may claim as a dependent if the deceased was financially supporting you.
Points to be realistic about include that a cohabitant can only claim what is reasonable for their maintenance, a narrower standard than a spouse enjoys.
Also, the claim must be brought within six months of the grant of representation. These claims are complex and time-sensitive, so early specialist advice is essential.
Reviewing ownership and nominations
Because assets pass in so many different ways, review the whole picture periodically: for example, how the property is held, joint and sole accounts, pension nominations, life insurance beneficiaries, and any existing Will or cohabitation agreement.
Life events, such as buying a home, having children, a separation, or receiving an inheritance, can all change what you want to happen to your estate.
Updating pension and insurance nominations is especially important because those benefits are paid outside the Will; an out-of-date form could send them to an ex-partner or a distant relative instead of your current partner.
Common Questions About Unmarried Partner Inheritance
What is common law marriage?
It’s a myth. Many people believe that living together long enough makes you “common law married” with spouse-like rights. In England and Wales, there is no such thing as common law marriage.
Cohabiting, even for decades and even with children, does not give you the rights a spouse or civil partner has to inheritance, property or financial support.
The danger is the false sense of security it creates: you may assume you’re protected when, if your partner dies without a Will, you may have no right to the estate at all.
Can an unmarried partner challenge the estate?
Yes, in some circumstances. Under the Inheritance Act 1975, a surviving cohabitant who meets the two-year living-together test (or who was being financially maintained) can apply to the court for reasonable financial provision, typically where there is no Will, and everything passes to children or relatives, or where a Will leaves the partner little or nothing despite a long, dependent relationship.
The court weighs factors including the length of the relationship, financial dependence, the size of the estate and the needs of other beneficiaries, and can award a lump sum, regular payments or a right to occupy the home.
But these claims are stressful, costly and uncertain, so they are a last resort, not a substitute for planning.
Planning Ahead Can Make all the Difference for Unmarried Couples
The strongest position comes from a few coordinated steps.
This can include:
- Making mirror or complementary Wills leaving provision for each other and balancing the needs of children
- Choosing the right ownership structure for your home and document any unequal contributions
- Keeping pension and life insurance nominations up to date
- Considering a cohabitation agreement
- Taking advice on inheritance tax, since unmarried couples don’t get the spouse/civil partner exemption, and revisit everything every few years or after major life events.
Together, these can ensure you are properly provided for if your cohabitee dies. Recently, the government launched a consultation on reforming cohabitants’ rights, including in the event of death. It will be of interest to see whether the outcome improves protection for cohabitees.
Contact Our Experts
Whether you're looking to protect your partner by making a Will or need advice following the death of a loved one, our experienced solicitors are here to help.
We can assist with Wills, estate planning, cohabitation agreements, and inheritance matters, as well as advise on contesting or defending a claim where disputes arise. Whatever your circumstances, contact our team today for clear, practical advice tailored to your situation.
0161 941 4000
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Stephanie Ewan
Senior Associate
Stephanie has over 7 years of experience acting as a Contentious Probate solicitor. Stephanie has specialist expertise in Will validity disputes, claims pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 and disputes between executors, trustees, and beneficiaries.
About Stephanie Ewan