Wills for unmarried couples: what actually happens if you don’t put it in writing?
More couples than ever choose to live together without getting married or entering a civil partnership. While this works well in day-to-day life, it can cause serious legal problems if one partner dies without a will.
A common and damaging myth is the idea of a “common law spouse”. In England and Wales, this has no legal standing for inheritance purposes.
We will explain what actually happens if an unmarried partner dies without writing a will, and why putting your wishes in writing is especially important if you are not married.
Do unmarried couples automatically inherit from each other?
No.
If you are not married or in a civil partnership, you do not automatically inherit from your partner, even if:
- You have lived together for many years.
- You own a home together.
- You have children together.
- You financially support one another.
Without a valid will, your estate is distributed according to the rules of intestacy, which do not recognise unmarried partners.
What are the rules of intestacy?
When someone dies without a will, the law sets out who inherits and in what order.
Under the intestacy rules, priority is generally given to:
- Spouses or civil partners
- Children
- Other close relatives, such as parents or siblings
An unmarried partner is not included, regardless of how long the relationship lasted.
This means your partner could receive nothing, even if they shared your life and your home.
What happens to a shared home?
The outcome depends on how the property is owned.
Joint tenants
If you own your home as joint tenants, your share usually passes automatically to the surviving owner. This happens outside of the will or intestacy rules.
However, this applies only to the property itself, not to savings, investments, or other assets. There is also the fact that because a partner is a non-exempt beneficiary, meaning that transfers to them are not free from tax, then your share in the property may need to be declared to HMRC, and inheritance tax may still be payable on your share.
Tenants in common
If you own the property as tenants in common, your share does not automatically pass to your partner. Instead, it forms part of your estate and is distributed under intestacy rules if there is no will.
In this situation, your partner may find themselves co-owning a property with your relatives or facing pressure to sell. Anybody with a legal interest in property can also force a sale of that property, meaning your partner may be forced to sell by the relative who inherits your share, where you have not provided them protection from this.
What about children?
If you have children together and die without a will:
- Your children would inherit your estate.
- Your partner will receive nothing directly.
- Your partner could still be responsible for housing and caring for the children.
This can place significant financial and emotional strain on the surviving partner, particularly if assets are tied up or inaccessible.
If your children are under 18, their share in your estate would be held in a trust for them, managed by the administrators of your estate. The people who are entitled to apply to administer an estate are specific, and, much like the rules of intestacy, don’t include unmarried partners.
This means that if your partner does experience financial strain, they would need to seek permission from the administrator managing the trust to access any of the funds which your children inherited. They would only be allowed the funds if it was deemed to be in your children’s best interests. This imposes additional restrictions on them and makes an already emotional time even more stressful.
Can an unmarried partner make a claim?
In some cases, an unmarried partner may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. However, this is not automatic and often involves:
- Legal costs
- Delays
- Emotional stress
- Uncertainty over the outcome
Even if a claim is successful, the statute only provides for a person to receive such financial provision as would be reasonable for a person’s maintenance, where not a spouse. The law doesn’t account for the nuances that often apply in a long-term, committed relationship. This is why making a claim is rarely the preferred route.
How a Will can protect unmarried couples
A well-drafted will allows you to:
- Leave assets directly to your partner.
- Protect your partner’s right to remain in the home.
- Provide financial security while balancing other family interests.
- Appoint guardians for children.
- Reduce the risk of disputes after death.
It also allows you to tailor your arrangements to your specific circumstances, rather than relying on rigid legal rules.
Are Will Trusts useful for unmarried couples?
In some situations, yes. Will trusts can be used to:
- Allow a surviving partner to live in the property for life.
- Protect assets for children from previous relationships.
- Balance the needs of a partner and other beneficiaries.
This can be particularly helpful where couples want to provide security without passing full ownership outright.
Final thoughts
For unmarried couples, not having a will can lead to outcomes that are completely at odds with what either partner would have wanted.
Relying on assumptions, or on the idea of a “common law spouse”, can leave loved ones unprotected at a time when they are most vulnerable.
Putting your wishes in writing is often the simplest and most effective way to make sure your partner is looked after.
Protect the people who matter most
Making a will doesn’t have to be complicated — but it can make all the difference. Our Wills Team can help you put in place clear, practical arrangements to protect your partner and family.
Get in touch today to discuss your will with one of our specialists.
