More couples live together without marrying than ever before, and many believe that after a few years they have the same rights as a husband or wife. They don't. Without a will, an unmarried partner inherits nothing, even after decades together.
What happens if your partner dies without a will
Everything in their sole name goes to their children, or if there are none, their parents, brothers and sisters and so on. That can include their share of the home you live in. You could end up co-owning your home with their family, or being asked to sell.
Your only option would be to make a claim under the 1975 Inheritance Act. It's possible, but it's slow, expensive and uncertain, at the worst possible time.
Check how you own your home
- Joint tenants: the home passes to the survivor automatically, whatever the will says.
- Tenants in common: each share passes under each person's will, or the intestacy rules if there isn't one.
- One name only: the other partner has no automatic right to it.
Other things that catch unmarried couples out
- Inheritance tax: gifts between spouses are tax-free, but between unmarried partners they're not. A surviving partner can face a tax bill a spouse wouldn't.
- Pensions: some schemes only pay a survivor's pension to a spouse or to a partner you've nominated.
- Children: an unmarried father doesn't always have parental responsibility, which matters for guardianship.
- Powers of attorney: a partner has no automatic right to deal with your money or be consulted about your care.
See what would happen to you with our intestacy calculator.
Two wills and two sets of LPAs solve most of these problems. Talk to a specialist about protecting each other.
Frequently asked questions
Is a common-law wife entitled to anything?
There's no such thing as common-law marriage in England and Wales. Without a will, an unmarried partner inherits nothing under the intestacy rules.
Can my partner make a claim?
Yes, under the Inheritance (Provision for Family and Dependants) Act 1975, if you lived together as a couple for at least two years before the death, or they depended on you financially. Claims are usually made within six months of the grant of probate, and can be costly and stressful.
What about our house?
If you own it as joint tenants, it passes to the survivor automatically. If you own it as tenants in common, or it's in one name, the share of the person who died goes under their will or the intestacy rules.
Does my pension go to my partner?
It depends on the scheme. Many pensions let you nominate who should receive death benefits. Check and update your nomination form, as well as making a will.
Request a call back
Tell us a little about your situation and we'll call you, usually within one working day, to understand what you need. If it would help, we'll then put you in touch with a specialist, such as a solicitor who deals with wills and powers of attorney. We'll always tell you who they are before passing on your details. We don't give advice ourselves, and there's no obligation.