LGBTQ+ Couples and Wills: Protecting Your Partner

Marcus and David had been together for nine years. They owned their £380,000 flat as joint tenants and had formed a civil partnership three years earlier. Marcus always meant to make a will, but at 41, it never felt urgent.

When Marcus died suddenly from an undiagnosed heart condition, David discovered that Marcus's £140,000 pension and personal savings would pass under intestacy rules. Because they had no children, David inherited everything tax-free—but the lack of a will meant six months of probate delays and legal complications.

Then David found Marcus's brother claiming items from the flat. Without written instructions about who should receive Marcus's watch collection or his grandmother's ring, David had no legal standing to refuse.

According to the Office for National Statistics, 77.2% of LGB adults in the UK have never married or formed a civil partnership—more than double the rate for heterosexual adults. For the majority of LGBTQ+ couples, this means no automatic inheritance protection if one partner dies without a will.

This article explains exactly how LGBTQ+ couples can protect each other—whether you're married, in a civil partnership, or cohabiting—and why a will is even more critical for the LGBTQ+ community.

Are LGBTQ+ Couples Treated Differently Under UK Will Law?

The answer depends entirely on your relationship status.

Married same-sex couples and civil partners have identical legal rights to opposite-sex married couples under UK law. Since the Marriage (Same Sex Couples) Act 2013 and the Civil Partnership Act 2004, there's complete legal equality in intestacy rules, inheritance tax exemptions, and spouse recognition.

But here's the problem: 77.2% of LGB adults have never married or formed a civil partnership, compared to just 36.8% of heterosexual adults. This means most LGBTQ+ couples are cohabiting without any legal protection.

There is no legal recognition of "common law marriage" in England and Wales. Yet 49% of British adults living with a partner outside marriage believe this myth, rising to 55% among households with children. This misconception is particularly dangerous for LGBTQ+ couples who may assume their long-term relationship has legal standing.

Historical context matters too. Many LGBTQ+ couples in long-term relationships established before 2005 (when civil partnerships became legal) or 2014 (when same-sex marriage was introduced) never formalized their relationship. They're now in decade-long partnerships with zero automatic inheritance rights.

Will law itself is completely neutral—any adult can leave their estate to anyone they choose. The vulnerability comes from intestacy rules that completely ignore unmarried partners, regardless of how long you've been together.

Understanding your legal status is the first step. Let's look at exactly what happens without a will in different relationship structures.

What Happens If You Die Without a Will: LGBTQ+ Scenarios

Intestacy rules vary dramatically based on your legal relationship status.

Married same-sex couples with children: The surviving spouse inherits the first £322,000 plus all personal possessions, plus half of everything above that threshold. Children inherit the other half. The surviving spouse can remain in your shared home.

Civil partners without children: Your partner inherits your entire estate tax-free. This is identical to married couples—complete protection under intestacy rules.

Cohabiting same-sex couples (not married or in civil partnership): Your partner inherits nothing. Not a penny. Your entire estate goes to your parents. If they've died, it goes to your siblings. If no siblings, it goes to grandparents, then aunts and uncles, then cousins.

Your partner must vacate any property that's in your sole name. They have no automatic right to your savings, possessions, or pensions. They can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but this requires expensive legal action with no guaranteed outcome.

Leah and Sophie's story:

Leah and Sophie had been together for six years, living in a flat they owned as tenants in common with a 50/50 split. When Leah died unexpectedly at 34, Sophie inherited Leah's half of the flat because of how they structured the ownership.

But Leah's £180,000 in savings went entirely to her brother under intestacy rules—the same brother who had refused to attend their housewarming because he disapproved of their relationship.

Sophie couldn't afford to buy him out of the property. She had to sell the flat they'd renovated together and move into a rental.

A simple will would have prevented all of it.

James and Rahul's different outcome:

James and Rahul were civil partners. When James died with a £900,000 estate, Rahul inherited everything tax-free under the spouse exemption. No inheritance tax. No complications from James's estranged parents.

But without a will, the probate process took eight months. James's family contested who should receive his grandmother's jewelry. His employer delayed releasing death-in-service benefits because there was no named executor.

Even with legal protection, the lack of a will created months of stress during the worst time of Rahul's life.

Alex and Sam's nightmare:

Alex (non-binary) and Sam had been together for ten years, living together for eight. When Alex died intestate with a £240,000 estate, Sam inherited nothing.

Alex's conservative parents—who had cut off contact eight years earlier when Alex came out—inherited everything. They refused to give Sam any of Alex's possessions, including the engagement ring Alex wore daily.

Sam made an Inheritance Act claim. It cost £18,000 in legal fees, took 16 months to resolve, and resulted in a £65,000 settlement—less than a third of what Alex would have wanted Sam to receive.

These scenarios aren't hypothetical scare tactics. They're based on real intestacy outcomes that happen every day to LGBTQ+ couples without wills.

But they're also completely preventable.

The Common Law Marriage Myth: Why It's Dangerous for LGBTQ+ Couples

Let's be absolutely clear: there is no such thing as common law marriage in England and Wales.

No matter how long you've lived together, cohabiting gives you virtually no legal rights when your partner dies.

Research by the National Centre for Social Research found that 49% of British adults believe cohabiting couples form a "common law marriage" with the same rights as married couples. This figure rises to 55% among households with children.

The reality is brutally different. Cohabiting couples have no automatic inheritance rights, no inheritance tax exemption, no right to remain in a partner's solely-owned home, no automatic guardianship of children (even if you've helped raise them), and no next-of-kin status for medical decisions.

LGBTQ+ couples are particularly vulnerable to this myth. The historical lack of marriage equality created a culture of long-term cohabitation in the LGBTQ+ community. Many couples assumed that simply being together—especially in committed, public relationships—provided some legal recognition.

It doesn't.

The number of cohabiting couples in the UK increased from 1.5 million in 1996 to 3.6 million in 2021—a 144% increase. Yet only around 26% of cohabiting couples have wills, compared to over 50% of married couples.

When surviving cohabitees are left with nothing, some pursue Inheritance Act 1975 claims. Legal action for a share of estates has increased four-fold over the last 15 years. Many of these desperate cases involve surviving partners who had no idea they had no automatic rights.

These claims require proof that you lived together for at least two years before the death. You must show financial dependency. Even then, the court only awards "reasonable financial provision for maintenance"—not the full inheritance your partner would have wanted you to receive.

The process is expensive, emotionally traumatic, and has no guaranteed outcome.

If you're not married or in a civil partnership, a will isn't optional—it's the only way to protect your partner.

Civil Partnership vs Marriage: Do You Need Different Wills?

Civil partnerships and marriages are legally identical for inheritance purposes.

The Civil Partnership Act 2004 grants civil partners exactly the same rights as married couples: identical intestacy protection, complete inheritance tax exemption through spouse exemption, and the ability to transfer unused nil rate band allowances.

If you formed a civil partnership before same-sex marriage became legal in 2014, you don't need to convert to marriage for inheritance protection. Your civil partnership provides full legal recognition. (You can convert if you wish, but it's not necessary for estate planning purposes.)

Since 2019, opposite-sex couples can also form civil partnerships in England and Wales. These partnerships have the same inheritance protections as same-sex civil partnerships and all marriages.

However, even married couples and civil partners need wills. Here's why:

Intestacy rules may not match your wishes. If you have children, intestacy splits your estate between your spouse and children—your spouse doesn't automatically inherit everything. If you have specific wishes about who gets what, you need a will.

Only a will lets you name guardians for your children. Even if you're married, you must use a will to appoint guardians in case both parents die.

Wills avoid probate delays and family disputes. Without clear written instructions, even legally-recognized spouses face months of complications settling estates.

Wills are essential if you have children from previous relationships and want to protect assets for them while providing for your current partner.

There's one critical issue: existing wills are automatically revoked when you get married or form a civil partnership.

If you wrote a will before forming a civil partnership or getting married, that will is now invalid—unless it explicitly stated it was made "in contemplation of marriage to [specific person's name]" or "in contemplation of civil partnership with [specific person's name]."

If you formed a civil partnership or got married after writing your will, you need to write a new will immediately. Your old will is legally void.

Whether married, in a civil partnership, or cohabiting, here's exactly what your will needs to protect your LGBTQ+ family.

What to Include in Your Will as an LGBTQ+ Couple

A will for LGBTQ+ couples follows the same structure as any will—but your beneficiary choices matter more when family estrangement is a risk.

Beneficiaries (your partner and chosen family):

Name your partner explicitly as a beneficiary with their full legal name. If you're cohabiting (not married or in civil partnership), this is absolutely essential—they inherit nothing without it.

Consider leaving specific items to chosen family members—the friends who supported you when biological family didn't. You can leave belongings to anyone you choose.

For trans or non-binary beneficiaries, use their chosen names and gender-neutral language. Instead of "my daughter Sarah," consider "my child, Sarah" to respect their identity.

Executors (who administers your estate):

Choose your partner or a trusted friend as executor—not biological family if you're estranged. Your executor has legal authority to distribute your estate according to your will.

Name a substitute executor in case your first choice can't serve. This ensures someone you trust will handle your affairs.

Make certain your executor will respect your relationship and wishes. If your family opposed your relationship, don't give them control over your estate.

Guardians for children (critical for same-sex couples with children):

If only one partner has legal parental responsibility (for example, you're the biological parent via surrogacy), name your partner as guardian in your will.

If both of you have parental responsibility (through adoption or a parental order), name backup guardians—trusted friends or supportive family members who would raise your children if both of you died.

Consider the risk of estranged family challenging guardianship. Choose guardians who will protect your children from family members who didn't support your relationship.

Property and shared assets:

Specify how your share of jointly-owned property should pass. If you own property as "tenants in common" (each owning a specific percentage), your share doesn't automatically pass to your partner—you must include it in your will.

If you own property as "joint tenants," your share automatically passes to the surviving owner outside your will. But you should still address this in your will for clarity.

Leave solely-owned property explicitly to your partner if you're cohabiting. Without this, your property goes to biological family under intestacy.

Pensions and life insurance:

Note that pensions often pass outside your will through separate beneficiary nomination forms. Check with your pension provider and update these nominations to match your will.

Ensure life insurance beneficiaries align with your will intentions. These policies typically pass directly to named beneficiaries.

Be aware of inheritance tax on pensions. Pensions left to cohabiting partners are taxed at 40% on amounts above £325,000—unlike spouses and civil partners who pay no inheritance tax.

Specific legacies:

Leave jewelry, family heirlooms, and sentimental items to chosen family or your partner. Be specific: "I leave my grandmother's engagement ring to my partner, Emma."

Consider charitable donations to LGBTQ+ organizations that supported you or causes important to your community.

Funeral wishes:

State who should arrange your funeral. This prevents estranged family from taking over funeral arrangements against your wishes.

Specify burial or cremation preferences, preferred ceremony type, and any other funeral wishes.

LGBTQ+-specific considerations:

Consider including a brief statement if you're intentionally excluding biological family: "I am estranged from my parents and intentionally leave nothing to them in this will." This shows deliberate choice and makes challenges harder.

Create a letter of wishes (non-binding document) explaining the context of your relationship, why you've chosen these beneficiaries, and your wishes for your children's upbringing. This can help if family challenges your will.

Use inclusive, gender-neutral language where appropriate. Avoid heteronormative assumptions in how you describe family relationships.

You don't need specialized "LGBTQ+ will" services or premium solicitor fees. WUHLD's standard will covers all these elements—for just £49.99 instead of £650+ solicitor fees.

Protecting Your Will from Family Challenges

The fear of biological family challenging your will is real—and legitimate.

Research shows that 46% of LGBT+ young adults are estranged from at least one family member. Family members who rejected your relationship may challenge your will out of prejudice, financial motivation, or both.

UK law allows will challenges on limited grounds: lack of testamentary capacity (you weren't mentally competent when making the will), undue influence (someone coerced you), failure to comply with Wills Act 1837 formalities (improper signature or witnesses), or claims under the Inheritance (Provision for Family and Dependants) Act 1975 (family member claims you didn't provide adequately for them).

Here's how to make your will challenge-resistant:

Use a professional will service like WUHLD. This ensures your will meets all legal formalities—proper signature, two independent witnesses, correct execution. Most challenges based on formalities fail when you use a legitimate will service.

Include a brief explanatory statement. A sentence like "I am estranged from my biological family and intentionally leave my estate to my partner and chosen family" shows deliberate choice. Courts are more likely to uphold wills with clear reasoning.

Document your mental capacity if you anticipate challenges. If you're concerned about capacity challenges, ask your GP to sign a statement confirming you have full mental capacity when you make your will. This evidence is powerful in court.

Tell your executor about potential challenges. Warn them that biological family might contest the will. A prepared executor can respond quickly and effectively to challenges.

Update your will regularly. A recent will is much harder to challenge than a 20-year-old will. Review and update your will every few years or when circumstances change.

Store your will safely and tell your executor where it is. Prevent family from "finding" and destroying your will. Use a secure location or professional will storage service.

Inheritance Act 1975 claims are harder to defend against. Adult children, spouses, civil partners, and cohabitees who lived with you for at least two years can claim "reasonable financial provision." You can't completely prevent these claims, but you can minimize risk by ensuring your will provides some provision to those with legitimate claims or includes clear reasoning for exclusions.

The reality: most challenges fail. Properly-executed wills are rarely overturned.

By making a clear, legally-valid will through WUHLD, you're taking the strongest possible step to protect your wishes and your partner.

Beyond protecting your partner from family challenges, a will can also protect them from massive tax bills.

Inheritance Tax for LGBTQ+ Couples: What You'll Pay

The difference in inheritance tax between married couples and cohabiting couples is staggering.

Married couples and civil partners:

You pay no inheritance tax on anything you leave to your spouse or civil partner. This is the spouse exemption under inheritance tax law—completely unlimited, entirely tax-free.

Married couples can pass up to £650,000 tax-free by combining their individual nil rate bands (£325,000 each). When the first spouse dies, any unused portion of their £325,000 allowance transfers to the surviving spouse.

If you own your home and leave it to children or grandchildren, you get an additional residence nil rate band of £175,000 per person—up to £350,000 for a couple.

Maximum tax-free inheritance for a married couple with children and a home: up to £1 million combined.

Cohabiting couples (not married or in civil partnership):

Your partner is treated as an unrelated individual for inheritance tax purposes. No spouse exemption. No special treatment.

Your partner gets only the standard £325,000 nil rate band tax-free. Everything above this is taxed at 40%.

Example: If you leave a £500,000 estate to your unmarried partner, they'll pay £70,000 in inheritance tax. Here's the calculation: £500,000 minus £325,000 nil rate band equals £175,000 taxable amount. At 40% tax rate, that's £70,000 owed to HMRC.

You don't benefit from residence nil rate band transfers. Even if you have children together, your cohabiting partner can't inherit the residence allowance.

The real-world difference:

James leaves his £800,000 estate to his husband, Michael. Michael pays zero inheritance tax due to spouse exemption.

Tom leaves his £800,000 estate to his partner, Ben. They're not married or in civil partnership. Ben pays £190,000 in inheritance tax: (£800,000 minus £325,000 = £475,000 taxable × 40% = £190,000).

The marriage or civil partnership provides a £190,000 tax saving on this estate.

Strategies for cohabiting couples:

Consider marriage or civil partnership. Even a simple civil ceremony or partnership registration at your local register office provides enormous tax savings. You don't need a big wedding—just legal recognition.

Purchase life insurance to cover expected inheritance tax liability. A policy that pays out £190,000 on your death could cover the tax bill on an £800,000 estate.

Make lifetime gifts to your partner. You can give assets during your lifetime, though they're only inheritance-tax-free if you survive seven years after making the gift (the "seven-year rule").

Hold property as joint tenants rather than tenants in common. This allows your share to pass automatically to your partner outside your estate, though the value is still assessed for inheritance tax.

The tax difference alone makes a compelling case for legal recognition of your relationship. If marriage or civil partnership isn't right for you, planning through wills and life insurance becomes even more critical.

Special Considerations for LGBTQ+ Parents

Same-sex couples with children face unique guardianship and parental responsibility issues that make wills absolutely essential.

Why guardianship clauses are critical:

Automatic parental responsibility only exists if both partners have legal parental responsibility—through adoption, a parental order following surrogacy, or both being named on the birth certificate (for female couples where one partner gives birth).

If only one partner has parental responsibility and they die, the surviving partner has no automatic legal right to continue raising the children you've raised together.

Your will appoints a guardian. Even if both partners have parental responsibility, naming each other as guardians in your wills provides belt-and-braces protection.

Parental responsibility for same-sex couples:

Through adoption: Both parents gain full, equal parental responsibility when you jointly adopt a child.

Through surrogacy: You must apply for a parental order within six months of the child's birth. This transfers parental responsibility from the surrogate to both intended parents. At least one intended parent must have a biological link to the child.

Through IVF or donor conception: The female partner who gives birth has automatic parental responsibility. The other female partner can gain it by: jointly adopting the child, signing a parental responsibility agreement, getting a parental responsibility order from the court, or being married or in civil partnership with the mother at the time of conception (this grants automatic parental responsibility).

Through previous relationships: If you're raising your partner's biological children, you can gain parental responsibility through step-parent adoption or a parental responsibility agreement.

What your will should include:

Name your partner as primary guardian if they don't already have automatic parental responsibility. If they do have parental responsibility, still name them as guardian for additional security.

Name substitute guardians—trusted friends or supportive family members—in case both parents die. Avoid biological family members who don't support your relationship or wouldn't respect your wishes for your children's upbringing.

Set up financial provision for your children. You can leave assets to your children with your partner as trustee, or create a trust structure for children under 18.

Include a letter of wishes explaining your vision for your children's upbringing, their schooling, your values, and why you've chosen these guardians. This is especially important if biological family might challenge your guardianship choices.

The risk:

Without clear guardianship provisions, social services or courts might place your children with biological family members who opposed your relationship—rather than your partner or chosen family who've helped raise them since birth.

This isn't theoretical. It happens.

Action items for LGBTQ+ parents:

Confirm both parents have legal parental responsibility. Check birth certificates, adoption orders, and parental orders.

Both parents must name each other as guardians in their wills, even if you both have parental responsibility.

Update your wills whenever your family structure changes—when you adopt, when you have additional children, when you form a civil partnership or get married.

Whether you have children or not, understanding the specific legal rights of your relationship structure helps you plan effectively.

Wills for Trans and Non-Binary Individuals: What to Know

Trans and non-binary individuals have specific considerations around names, gender recognition, and beneficiary identification in wills.

Using your chosen name in your will:

You can use your chosen name in your will. There's no legal requirement to use your birth name or a legally-changed name via deed poll.

We recommend using the name you're known by day-to-day. This avoids confusion during probate when your executor needs to identify you and access your accounts.

If you've legally changed your name by deed poll, use your legal name for consistency with other legal documents like bank accounts, property deeds, and HMRC records.

If you haven't legally changed your name but use a different name daily, you can still use your chosen name in your will. Just ensure your executor knows your birth name for accessing accounts during probate administration.

Gender Recognition Certificates and inheritance:

If you have a Gender Recognition Certificate (GRC), your acquired gender is legally recognized for all purposes under the Gender Recognition Act 2004—including interpreting will terms.

For wills created after you obtained your GRC, terms like "daughter" or "son" are interpreted according to your legally-recognized gender.

For wills created before 2005 or before you obtained your GRC, interpretation may refer to your birth certificate gender unless you updated your will after receiving your GRC.

Recommendation: Use gender-neutral language where possible to avoid ambiguity. Instead of "my son Alex" or "my daughter Alex," consider "my child, Alex" or simply "Alex."

Beneficiary considerations:

When naming trans beneficiaries in your will, use their chosen name and preferred terms. Respect their identity in your legal documents.

For non-binary beneficiaries, use their chosen name and avoid gendered relationship terms. Instead of "nephew" or "niece," you might say "my sibling's child" or use their name directly.

If a beneficiary might transition after you write your will, consider using their name plus a relationship description rather than gendered terms that might become outdated. For example: "my child, Jordan" rather than "my son Jordan" if Jordan might transition in future.

Will storage and privacy:

Wills become public documents after death. Once probate is granted, wills are available at the probate registry—anyone can request a copy for a small fee.

This creates a deadnaming risk. If you use your birth name in your will for legal identification purposes, it becomes part of the public record.

You need to balance using a name that clearly identifies you for legal purposes (so your executor can access your accounts and prove their authority) while respecting your identity.

Consider discussing this with your executor so they understand any name or title changes when administering your estate.

Titles and honorifics:

Use your preferred title in your will: Mr, Ms, Mrs, Miss, Mx, or no title at all.

Your executor should be aware of any name or title changes between when you write your will and when they need to administer your estate.

Regardless of your identity or relationship structure, creating a will is straightforward with the right guidance.

How WUHLD Makes Will-Writing Simple for LGBTQ+ Couples

WUHLD's online will service is fully inclusive and works for all relationship structures, gender identities, and family configurations.

There are no special legal requirements for LGBTQ+ couples. You need exactly the same will structure as anyone else: beneficiaries (who inherits), executors (who administers your estate), guardians (who raises your children), and distribution of your property and possessions.

WUHLD's guided process covers all of it in plain English.

Same legal validity as £650+ solicitor wills:

WUHLD wills comply with all requirements of the Wills Act 1837. They're legally binding and enforceable in UK courts.

Properly-executed wills created through WUHLD have the same legal standing as expensive solicitor-drafted wills.

The process takes 15 minutes online:

You answer straightforward questions about your beneficiaries, property, executors, and guardians. WUHLD's platform asks exactly what's needed—nothing more, nothing less.

The system generates your complete, legally-valid will based on your answers.

Preview before paying:

You can see your entire will before committing to anything. No credit card required for the preview.

Only pay £49.99 when you're satisfied with your will and ready to finalize it.

What's included:

Your complete, legally-binding will in clear language.

A comprehensive guide explaining how to execute your will properly (signing and witnessing requirements).

A guide for your witnesses explaining their responsibilities.

A guide for your executors explaining how to administer your estate.

No subscriptions, no hidden fees, no ongoing charges. Just £49.99 once.

Update anytime:

When your circumstances change—you get married, you have children, you want to change beneficiaries—you can create an updated will. You'll pay for each new will (£49.99), but there's no ongoing subscription.

What WUHLD's process includes:

Name your beneficiaries: your partner, chosen family, children, friends, charities—anyone you choose.

Appoint executors you trust to handle your estate according to your wishes.

Nominate guardians for your children to ensure they're raised by people you choose.

Distribute specific items and assets to the people who matter to you.

State your funeral wishes so your chosen person arranges your funeral.

Add special instructions or explanations for your executors.

You don't need specialized "LGBTQ+ will" services or premium solicitor fees. WUHLD's standard will provides all the same legal protections—for a fraction of the cost.

Whether you're married, in a civil partnership, or cohabiting, creating a will is the single most important step to protect your partner and chosen family.

Frequently Asked Questions

Q: Do I need a different type of will because I'm in a same-sex relationship?

A: No. All wills in England and Wales follow the same legal requirements under the Wills Act 1837, regardless of sexual orientation or gender identity. WUHLD's standard will service covers everything you need to protect your partner and family—there's no such thing as a special "LGBTQ+ will."

Q: My partner and I aren't married or in a civil partnership. Can I still leave everything to them in my will?

A: Absolutely. You can leave your entire estate to anyone you choose via your will, regardless of your relationship status. Without a will, however, your unmarried partner inherits nothing under intestacy rules. A will is essential for unmarried couples of any sexual orientation.

Q: I'm estranged from my biological family. How do I make sure they don't inherit anything?

A: Leave your estate to your chosen beneficiaries (your partner, friends, charities) in your will and don't include your biological family. You can include a brief statement: "I am estranged from my biological family and intentionally leave nothing to them." Store your will safely and tell your executor about potential challenges.

Q: Can my family challenge my will if they don't approve of my relationship?

A: They can attempt to challenge on limited grounds: lack of capacity, undue influence, improper execution, or inadequate provision under the Inheritance (Provision for Family and Dependants) Act 1975. However, properly-executed wills are rarely overturned. Making your will through WUHLD ensures it meets all legal formalities, which minimizes challenge risk.

Q: Do civil partners pay inheritance tax?

A: No. Civil partners have the same complete inheritance tax exemption as married couples (whether same-sex or opposite-sex). You can leave unlimited assets to your civil partner completely tax-free. Cohabiting partners receive no tax exemption—they pay 40% tax on everything above £325,000.

Q: I'm transgender. Do I need to use my birth name in my will?

A: No. Use the name you're known by day-to-day. If you've legally changed your name via deed poll, use your legal name for consistency with other documents. If you haven't legally changed it but use a different name, you can still use your chosen name in your will—just make sure your executor knows your birth name for accessing accounts during probate.

Q: We have children via surrogacy. What happens if one of us dies?

A: If you've both obtained a parental order (which must be applied for within six months of birth), you both have legal parental responsibility. The surviving parent will automatically continue caring for your children. Your wills should still name guardians in case both parents die. If only one parent has legal parental responsibility, your will should name the other parent as guardian.

Protecting Your Partner Starts with a Will

Your relationship deserves legal protection—whether you're married, in a civil partnership, or cohabiting.

Key takeaways:

If you're not married or in a civil partnership, your partner inherits nothing without a will—biological family gets everything under intestacy rules.
Married couples and civil partners still need wills to name guardians, specify wishes, and avoid probate delays.
The common law marriage myth is particularly dangerous for LGBTQ+ couples—77.2% of LGB adults have never married or formed civil partnerships, leaving most without automatic protection.
Same-sex parents must name guardians in their wills to prevent biological family from claiming custody of children.
Inheritance tax for cohabiting couples can reach 40% on estates above £325,000, while married couples and civil partners pay nothing.

Your relationship is real. Your family—whether biological, chosen, or both—is real. Your love deserves the same legal protection as anyone else's.

Creating a will isn't about doubting your future together. It's about ensuring that if the worst happens, your partner and the people you love are protected from laws that were never written with LGBTQ+ families in mind.

WUHLD makes creating a legally-valid will simple, fast, and affordable. In just 15 minutes online, you can protect your partner, your children, and your chosen family—without the £650+ solicitor fees.

For just £49.99, you'll get:

Your complete, legally-binding will that complies with all UK requirements
A comprehensive 12-page guide explaining how to execute your will properly
A witness guide for the two people who'll witness your signature
A complete asset inventory document to track everything you own

Ready to Create Your Will?

WUHLD makes it simple to create a legally valid will online in just 15 minutes. Our guided process ensures your wishes are properly documented and your loved ones are protected.

Start creating your will now — it's quick, affordable, and backed by legal experts.

Legal Disclaimer: This article provides general information about wills and inheritance for LGBTQ+ couples in the UK and does not constitute legal advice. For advice specific to your individual situation, please consult a qualified solicitor. WUHLD's online will service is suitable for straightforward UK estates; complex situations involving international assets, contested previous wills, or complicated family structures may require professional legal advice. This article reflects the current legal status of LGBTQ+ rights in England and Wales as of October 2025. Laws in Scotland and Northern Ireland differ. Inheritance tax thresholds and intestacy rules are subject to change.

Sources: