On 5 June, the government launched a long-awaited consultation on reforms to strengthen the financial rights of unmarried couples, including automatic inheritance rights if a partner dies without a will.

Why is this so Important?

Many unmarried couples assume that living together for a long period gives them the same rights as married couples or civil partners.  However, this is not the case. There is no legal recognition of what is often referred to as a “common law marriage”.  If one partner dies without making a valid will, the surviving cohabiting partner may be left with little or no automatic entitlement to the deceased’s estate.

No Automatic Right to Inherit

Where a person dies without a will, their estate is distributed according to the intestacy rules. These rules prioritise spouses, civil partners, children, and other blood relatives. An unmarried partner is generally not treated as a spouse, regardless of the length of the relationship or whether the couple shared a home, finances, or children.

This means that, if there is no will, the deceased partner’s assets may pass to their children, parents, siblings, or more distant relatives rather than to the surviving partner.

The Family Home May Be at Risk

The impact can be especially serious where the couple lived together. If the home was owned solely by the deceased partner, the survivor may have no automatic right to remain there. If the property was jointly owned, the outcome will depend on how it was held.

Where property is owned as joint tenants, the deceased’s share usually passes automatically to the surviving owner. Where it is owned as tenants in common, the deceased’s share forms part of the estate and may pass under the intestacy rules rather than to the surviving partner.

Financial Dependence Does Not Guarantee Inheritance

A surviving cohabiting partner who was financially dependent on the deceased may be able to bring a claim against the estate in some circumstances. For example, in England and Wales, a claim may be possible under the Inheritance (Provision for Family and Dependants) Act 1975 if the survivor can show dependency or that they lived with the deceased as a couple for the required period.

However, such claims can be uncertain, costly, and emotionally difficult. They also do not provide the same certainty as a properly drafted will.

Children and Blended Families

Where the deceased had children, the intestacy rules may direct the estate to those children. This can create practical difficulties for a surviving partner, particularly in blended families or where minor children are involved. A will can help ensure that appropriate provision is made for both the surviving partner and any children.

Why Making a Will Matters

For unmarried cohabiting couples, making a will is one of the most important steps in protecting each other. A will can:

• Specify who should inherit property, savings, and personal possessions;
• Protect the surviving partner’s right to remain in the home;
• Make provision for children or dependants;
• Appoint trusted executors to administer the estate; and
• Reduce the risk of disputes between the surviving partner and the deceased’s relatives.

Conclusion

Unmarried cohabiting partners do not usually have the same inheritance rights as spouses or civil partners. If one partner dies without a will, the survivor may receive nothing under the intestacy rules, even after many years together. A clear and valid will provides certainty, protects loved ones, and helps avoid unnecessary disputes at an already difficult time.