Unmarried Couples: Why You NEED a Will (Common Law Myth)

Emma and Jake had been together for 12 years, owned a £350,000 flat together, and had two young children. When Jake died suddenly in a cycling accident at 36, Emma discovered the devastating truth: as an unmarried partner, she had no automatic right to his half of the property, his pension, or his £45,000 in savings.

Under UK intestacy rules, everything went to Jake's parents. Emma, still grieving, faced losing her home and had to take Jake's estate to court under the Inheritance Act—a nine-month battle that cost £18,000 in legal fees while she struggled to pay the mortgage alone.

Jake had always meant to write a will. "We're basically married," he'd said. "Common law marriage covers us, right?"

Wrong.

49% of cohabiting couples in the UK believe in "common law marriage"—but it doesn't exist in English law. And with 3.5 million unmarried couples now living together (the fastest-growing family type in the UK), more people than ever are leaving their partners completely unprotected.

If you're living together unmarried, you need a will. Here's exactly why—and how to protect your partner in 15 minutes.

The Common Law Marriage Myth: Why 49% of Couples Are Wrong

Here's the truth: common law marriage does not exist in England and Wales.

It has no legal standing whatsoever. No matter how long you've lived together—5 years, 15 years, or 50 years—your partner has zero automatic inheritance rights if you die without a will.

Research from the National Centre for Social Research found that 49% of British adults living with a partner believe in common law marriage. That's nearly half of all cohabiting couples operating under a dangerous misconception.

The myth works like this: people believe that after living together for a certain period (often thought to be two years, five years, or seven years), they automatically gain legal rights equivalent to marriage. They think their relationship becomes a "common law marriage" with all the protections that entails.

But the legal reality is starkly different. In England and Wales, only married couples and civil partners have automatic inheritance rights. There is no threshold—no number of years, no living arrangement, no number of children—that gives unmarried partners legal protections under intestacy law.

The Women and Equalities Committee found that this myth "leaves disadvantaged groups disproportionately at risk"—particularly women, who are more likely to reduce work hours for childcare and depend financially on their partners.

Married vs Unmarried: What the Law Actually Says

Legal Right	Married Couples	Unmarried Couples
Automatic inheritance	Yes - spouse inherits first £322,000 plus half of remainder	No - partner inherits nothing
Inheritance tax exemption	Unlimited spousal exemption	No exemption - 40% tax above £325,000
Right to stay in family home	Yes - automatically protected	No - may be forced to leave
Pension death benefits	Yes - automatic nomination	No - discretionary, often refused
Parental responsibility	Both parents automatically	Mother only (father must be on birth certificate)
Decision-making when incapacitated	Yes - next of kin status	No - parents/siblings are next of kin

The message is clear: no matter how committed your relationship, the law doesn't recognize unmarried partnerships. Common law marriage is a myth. And that myth puts millions of couples at risk.

What Actually Happens If You Die Without a Will (Unmarried)

When someone dies without a will in the UK, the Administration of Estates Act 1925 determines who inherits through intestacy rules. These rules are strict, inflexible, and make no allowance for unmarried partners.

The order of inheritance under intestacy is:

Spouse or civil partner (first £322,000 plus 50% of remainder)
Children (if no spouse, everything goes to them)
Parents (if no spouse or children)
Siblings (if no spouse, children, or parents)
Extended family (nieces, nephews, grandparents, aunts, uncles)
The Crown (if no living relatives)

Your partner is not on this list. They inherit nothing.

Let's look at three common scenarios:

Scenario 1: You Have Children Together

Your estate goes entirely to your children. If they're under 18, it's held in trust until they reach adulthood.

Your partner—who needs to feed, house, and care for those children—gets nothing. They can't access the money to pay the mortgage, buy food, or cover childcare costs. They may have to apply to court for permission to access funds for the children's maintenance.

Sarah and Tom lived together for eight years with their three-year-old daughter. When Tom died in a car accident, his £180,000 estate went into trust for their daughter. Sarah couldn't touch it. She struggled to pay the £850 monthly mortgage while earning £24,000 as a part-time teaching assistant—the reduced hours she'd taken to care for their daughter.

Scenario 2: You Have No Children

If you die without children, your estate goes to your parents. If your parents are deceased, it goes to your siblings. Then nieces and nephews. Then grandparents. Then aunts and uncles.

Your partner of 15 years? Still nothing.

David and Marcus had been together for 16 years, living in a home David owned outright worth £425,000. David had £65,000 in savings and a pension worth £120,000. When David died suddenly of a heart attack at 52, his entire estate went to his sister in Australia—someone he'd seen twice in the past decade. Marcus, who'd paid half the bills for 16 years and cared for David through two cancer treatments, inherited nothing. He had to move out of their home.

Scenario 3: You Have No Living Relatives

If you die with no spouse, no children, no parents, no siblings, and no extended family, your estate doesn't go to your life partner. It goes to the Crown—the government keeps everything.

Let me repeat that: the government inherits before your partner does.

The Reality Check

Consider this typical estate:

£300,000 property held as tenants in common (your 50% share: £150,000)
£60,000 in savings
£15,000 car
£100,000 pension death benefits
Total: £325,000

If you own the property as joint tenants, your partner gets the house automatically. But your parents inherit the £175,000 in other assets.

If you own the property as tenants in common, your parents inherit your £150,000 share of the house plus the £175,000 in other assets—a total of £325,000. Your partner may be forced to sell the family home.

And here's the harsh reality for modern families: In 2021, 51.3% of children in England and Wales were born to unmarried mothers. Millions of families are living without the legal protection they believe they have.

The Only Legal Remedy (And Why It's Brutal)

"But I've been with my partner for 10 years—surely there's something they can do?"

Yes. They can take your estate to court. And it will cost them at least £10,000, take 9-18 months, and put them through hell while they're grieving.

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to claim "reasonable financial provision" from an estate. Cohabiting partners can make a claim if they lived with the deceased "as husband and wife" for at least two years immediately before the death.

But here's what many people don't realize about these claims:

The Two-Year Requirement Is Strict

You must have lived together continuously for the entire two-year period ending immediately before death. Brief separations might be forgiven, but if your partner moved out three months before they died during a rough patch, you might not qualify.

"Reasonable Maintenance" Isn't the Same as Full Inheritance

Married spouses can claim what they would have received if still married. Unmarried partners can only claim "reasonable maintenance"—essentially, enough to live "at neither a luxurious nor poverty-stricken level." That's the legal standard.

You might have built a life together for 20 years, but you won't necessarily inherit everything. You'll get what the court thinks you need to survive.

The Legal Battle Is Expensive and Slow

Inheritance Act claims typically cost between £10,000 and £25,000 in legal fees. If the family contests your claim (and they often do), costs can exceed £50,000.

The process takes an average of 9 to 18 months. During that time, the estate is frozen. You can't access funds. If you were relying on your partner's income, you're on your own.

You'll need to file within six months of the grant of probate, provide detailed evidence of your relationship and financial dependency, and potentially go to court to testify about intimate details of your life together—while grieving.

It's Emotionally Devastating

Imagine this: your partner of 15 years dies. You're grieving. Then you discover you're not in the will (or there's no will). To get anything, you must fight your deceased partner's family in court, justifying your relationship, proving you deserve provision, facing hostile questions about your life together.

Real Case: Thompson v Raggett (2018)

Mrs. Thompson and Mr. Hodge lived together for 42 years. When he died, his will left his £1.5 million estate to his tenants—not to Mrs. Thompson, who had no property and only £2,500 in savings.

Mrs. Thompson had to take the estate to the High Court. After a lengthy legal battle, she was awarded a £225,000 cottage and £160,000 in cash—about one-third of the estate.

She won. But only after enormous expense, stress, and time. And she'd been together with her partner for 42 years.

A will would have cost less than £100 and prevented all of it.

Why This Hits Unmarried Couples Especially Hard

Being unmarried doesn't just affect inheritance. It compounds every financial and legal vulnerability when a partner dies.

1. Property Vulnerability

If you own property as joint tenants, you have survivorship rights—the property automatically passes to the surviving owner. But this only covers the property itself.

If you own property as tenants in common, each partner owns a distinct share (often 50/50). When one dies, their share doesn't automatically transfer. Without a will, it goes to their children, parents, or siblings under intestacy rules.

Your partner could be forced to sell the family home or buy out their deceased partner's family at market rate. While grieving.

Emma owned her home as tenants in common with her partner of 11 years. When he died, his 50% share went to his adult son from a previous marriage. The son wanted to sell. Emma couldn't afford to buy him out on her income. She was forced to sell her home and move.

2. No Inheritance Tax Exemption

Married couples and civil partners have an unlimited spousal exemption from inheritance tax. They can inherit any amount tax-free.

Unmarried partners have no exemption. They pay 40% inheritance tax on amounts above £325,000—the same as a complete stranger.

Let's say your partner's estate is worth £425,000. As an unmarried partner, you pay 40% tax on £100,000—that's £40,000 in inheritance tax. A married spouse would pay nothing.

On a £500,000 estate, an unmarried partner pays £70,000 in tax. A married spouse pays £0.

3. Pension Death Benefits May Not Go to Your Partner

Many workplace pensions offer death benefits, but they're typically paid at the trustees' discretion. The scheme looks at who the member nominated and considers their dependents.

Married spouses are usually automatic beneficiaries. Unmarried partners often need to have been officially nominated—and even then, trustees can refuse if they decide the partner wasn't financially dependent.

If your partner never nominated you, the pension trustees might pay benefits to children or parents instead.

4. Bank Accounts and Investments Freeze

If you have a joint bank account, you can usually continue accessing it. But any accounts in your partner's sole name freeze immediately. Even if you were paying household bills from that account, you lose access until probate is granted—which takes months.

Without a will, you're not the executor. You have no legal authority. Your partner's parents or siblings control everything.

5. Your Partner Has No Next-of-Kin Rights

If your partner becomes incapacitated before death, their legal next of kin is their parents or siblings—not you. You might not be allowed to make medical decisions, access medical information, or even visit them in intensive care.

The Numbers Don't Lie

The UK now has 3.5 million cohabiting couple families, representing 17.7% of all families—up from 1.5 million in 1996. That's a 144% increase.

Cohabitation is now the fastest-growing family type in the UK. Yet the law hasn't caught up. The protections available to married couples simply don't exist for unmarried partners—no matter how long you've been together.

What a Will Actually Protects (Beyond Inheritance)

A will isn't just about money. It's about control, protection, and dignity.

Here's everything a will protects for unmarried couples:

1. Direct Inheritance Rights

A will lets you name your partner as your main beneficiary. You can leave them everything, or divide your estate however you choose. You can provide for both your partner and your children in the proportions you decide.

Without a will, intestacy rules decide. Your wishes don't matter.

2. Guardian Appointments for Your Children

If you have children under 18, a will lets you appoint guardians—the people who will raise your children if you die.

If you're unmarried and die without a will, the surviving parent has custody if they have parental responsibility. But if you're the mother or your partner isn't on the birth certificate, or if both of you die, the courts decide.

You can prevent estranged relatives, your partner's ex, or people you don't trust from seeking custody by naming guardians in your will.

3. Executor Authority

Your executor manages your estate: collecting assets, paying debts, distributing inheritance. If you name your partner as executor, they have legal authority to handle everything.

Without a will, the court appoints an administrator—usually your parents or siblings. Your partner has no legal standing. They must watch while someone else controls what happens to your possessions, your home, and your money.

4. Specific Gifts and Sentimental Items

A will lets you leave specific items to specific people: your grandmother's ring to your daughter, your vinyl collection to your best friend, your tools to your brother.

Without a will, your partner has no automatic right to your possessions. Your family could clear out your home, take everything, and there's nothing your partner can do.

Jake's parents arrived at the house he shared with Emma three days after his death. They removed his tools, his photography equipment, his grandfather's watch, and boxes of family photos. Emma couldn't stop them. She had no legal right to anything.

5. Funeral Wishes

In a will, you can specify whether you want burial or cremation, what kind of ceremony, and how you want it funded.

Unmarried partners have no automatic right to arrange a funeral. Your parents or siblings are your legal next of kin. They make the decisions. Your partner might not even be consulted.

6. Protection from Family Disputes

A clear, properly executed will prevents disputes. It removes ambiguity about your wishes. It makes challenges much harder.

If your family disapproves of your relationship or your partner, a will protects your partner from being excluded or bullied during the most vulnerable time of their life.

7. Financial Security

Perhaps most importantly, a will gives your partner immediate clarity about what they'll inherit. They can plan. They can pay the mortgage, cover bills, arrange childcare. They don't spend months in limbo wondering if they'll lose their home.

A will that takes 15 minutes to create can save your partner from a year of legal hell.

"But We Own Property Together—Aren't We Protected?"

This is the second most common misconception after the common law marriage myth.

Owning property together offers some protection—but far less than most people think.

The Two Types of Joint Ownership

When you buy property with someone in the UK, you own it in one of two ways:

Joint Tenants:

You both own 100% of the property together
When one owner dies, the survivor automatically inherits the whole property
This is called "right of survivorship"
The deceased's share doesn't form part of their estate
It can't be overridden by a will
Most couples buy as joint tenants

Tenants in Common:

Each owner has a defined share (usually 50/50, but can be any split)
When one owner dies, their share passes according to their will—or intestacy rules if there's no will
No automatic survivorship
Often used when contributions are unequal or partners want to protect children from previous relationships

The crucial difference: joint tenants get survivorship; tenants in common don't.

What Joint Tenancy Doesn't Cover

Even if you own your home as joint tenants, you're only protected for the property itself. You still need a will for:

Savings accounts in your sole name
Investments, stocks, ISAs
Your car and possessions
Pension death benefits
Life insurance payouts
Future inheritance you might receive

Consider this scenario: James and Claire owned a £380,000 flat as joint tenants. When James died, Claire automatically inherited the property. But James also had £75,000 in savings, a £120,000 pension, and a £20,000 car—none of which went to Claire. Under intestacy rules, his parents inherited £215,000 while Claire got only the flat.

Many Couples Don't Know Which Type They Are

Do you know if you're joint tenants or tenants in common? Many people don't.

Check your property deeds or Land Registry documents. If there's a Form A restriction or the deeds specify ownership shares, you're tenants in common. If not, you're likely joint tenants.

If you're unsure, assume you need a will. Because even if you are joint tenants, you still need a will for everything else you own.

The Mortgage Risk

If you die, your partner automatically inherits the property (if you're joint tenants), but they also inherit the mortgage. Can they afford the repayments on one income?

Many people take out life insurance to cover the mortgage. But without a will, life insurance might not pay out to your partner. The policy might go to your estate, then to your children or parents under intestacy rules.

A will ensures life insurance goes where you intend.

Special Situations for Unmarried Couples

Some situations make a will even more critical for unmarried couples.

1. Previous Marriages and Existing Children

If you or your partner have children from previous relationships, intestacy rules become even more complicated.

Your children inherit everything. Your partner gets nothing. Your partner's children inherit nothing from you.

Tom and Sarah had been together eight years. Tom had two adult children from his first marriage. Sarah had one teenage son. When Tom died without a will, his £280,000 estate went entirely to his two children. Sarah, who'd helped raise those children and paid half the bills for eight years, inherited nothing. Neither did her son, who'd thought of Tom as a father.

A will would have let Tom provide for Sarah while still leaving something to his children. He could have split his estate 60/40, or left Sarah the house with savings to his children. Instead, intestacy made the decision for him.

2. Age Gap Relationships

If there's a significant age difference, the younger partner may be left financially vulnerable for decades after the older partner dies.

A will can provide long-term security: a life interest in property (your partner lives there until they die or remarry, then it passes to your children), income from investments, or a larger inheritance to support them through retirement.

3. One Partner Owns Everything

If one partner owns the home, has the career savings, and owns the car while the other has limited assets—perhaps because they reduced work hours for childcare—the financial imbalance creates catastrophic vulnerability.

Lisa stayed home for six years to raise their two children while her partner, Graham, advanced his career. When Graham died at 41, his £420,000 estate (house, pension, savings) went to his parents under intestacy rules. Lisa, who'd sacrificed her career and earning potential to raise their children, was left with nothing.

The more unequal your financial positions, the more critical a will becomes.

4. Business Owners

If you own a business, it's probably your largest asset. Without a will, your share passes under intestacy rules—possibly to parents or siblings who have no interest in or ability to run it.

Your business partner (the person you run the business with) might suddenly be working with your family. Your romantic partner (the person you live with) gets no share of the business you built together.

A will lets you specify what happens to your business: does your partner inherit your share, do you want it sold, do you want a buy-sell agreement to activate?

5. Blended Families

If you both have children from previous relationships, neither of you has a legal connection to your partner's children.

If you die without a will, your estate goes to your biological children. Your partner's children—even if you helped raise them for 15 years—inherit nothing from you.

A will lets you provide for step-children who have no legal claim otherwise.

6. Same-Sex Couples

Same-sex couples who haven't married or entered a civil partnership are in exactly the same legal position as opposite-sex unmarried couples: no automatic inheritance rights whatsoever.

Even if you've been together for decades, even if you have children together (through adoption, surrogacy, or previous relationships), the intestacy rules apply the same way.

A will is essential.

How to Protect Your Partner (The WUHLD Solution)

You've seen the risks. You understand the myths. Now here's how to fix it.

Creating a will as an unmarried couple isn't complicated. Here's what you need to do:

Step 1: Accept That You Need a Will

Stop telling yourself "we'll get married eventually" or "we'll do it next year" or "we're basically covered."

You're not covered. Your partner is completely vulnerable. And it takes 15 minutes to fix.

Step 2: Decide What You Want

Ask yourself these questions:

Do you want your partner to inherit everything, or split your estate between your partner and children?
Who should look after your children if you both die?
Who should be executor—your partner, a family member, or both?
Are there specific items you want to leave to specific people?
What are your funeral wishes?

Step 3: Consider Mirror Wills

Many unmarried couples create "mirror wills"—each partner leaves everything to the other, with the same alternate beneficiaries (usually children) if the other partner dies first.

This ensures that if one of you dies, the survivor inherits everything. If you both die (in a car accident, for example), your children or chosen beneficiaries inherit.

Step 4: Appoint Executors and Guardians

Name your partner as executor so they have legal authority to manage your estate.

If you have children under 18, appoint guardians. Discuss this with the potential guardians first to make sure they're willing and able.

Step 5: Name Backup Beneficiaries

What happens if your partner dies before you, or you die at the same time? Name alternate beneficiaries: children, siblings, close friends, or charities.

Step 6: Create Your Will Online in 15 Minutes

You don't need to spend £650+ on a solicitor. You don't need to take time off work for appointments. You can create a legally valid UK will online with WUHLD in about 15 minutes.

Here's how it works:

1. Answer Guided Questions WUHLD asks simple questions about your assets, beneficiaries, executors, and guardians. You fill in the details—no legal knowledge required.

2. Preview Your Complete Will Before paying anything, you can preview your entire will. Read it through. Make sure it says exactly what you want. No credit card required for the preview.

3. Pay Once—No Subscriptions If you're happy with your will, pay £49.99. That's it. One payment. No monthly subscriptions, no hidden fees, no upsells.

4. Download Everything You Need You get four documents:

Your complete, legally binding will
A 12-page Testator Guide explaining how to properly execute your will
A Witness Guide to give to your witnesses
A Complete Asset Inventory document to help your executor

5. Print, Sign, and Witness Print your will, sign it with two witnesses present (anyone over 18 who isn't a beneficiary), and store it safely. Done.

Compare Your Options

	WUHLD	Solicitor	No Will (Court Claim)
Cost	£49.99	£650-£1,000+	£10,000-£25,000+
Time	15 minutes	3-6 weeks	9-18 months
Outcome	Partner protected	Partner protected	Uncertain, traumatic
Stress	Minimal	Moderate	Extreme
Preview before paying	Yes, free	No	N/A

For less than a nice dinner out, you can give your partner complete legal protection.

The real question isn't whether you can afford to make a will. It's whether you can afford not to.

Frequently Asked Questions

Q: What if we get married later—does my will become invalid?

A: Marriage automatically revokes any will made before the marriage, unless the will explicitly states it was made "in contemplation of marriage" to a named person. Once you marry, you'll need to create new wills. With WUHLD, you can update your will anytime to reflect your new circumstances.

Q: Can't I just write "I leave everything to my partner" on a piece of paper?

A: A handwritten will (holographic will) can be legally valid if properly witnessed, but it's risky. Unclear language, missing signatures, or improper witnessing makes it contestable. Your family could challenge it in court. Using a proper will service like WUHLD ensures your will is clearly worded, properly structured, and legally sound—making challenges much harder.

Q: What if my family challenges the will after I die?

A: A properly drafted and executed will is very difficult to challenge successfully. Challenges typically only succeed if there's evidence of undue influence (someone pressured you), lack of mental capacity (you weren't of sound mind), or improper execution (witnesses were beneficiaries or signatures are missing). A clear, professionally structured will from WUHLD protects against these challenges. You'll also receive guidance on proper witnessing to ensure your will can't be invalidated on technical grounds.

Q: Do we both need separate wills, or can we make one together?

A: Each person needs their own individual will. Joint wills (one document for two people) are problematic because they can't be changed after one person dies, even if circumstances change. Mirror wills—where you each have your own will with similar provisions—are better. Each of you leaves everything to the other, then to the same alternate beneficiaries (like your children). This gives you flexibility while ensuring you're both protected.

Q: What if I don't have much money—do I still need a will?

A: Yes. Even with modest savings, you likely have possessions, personal items with sentimental value, digital assets, and funeral wishes you want followed. More importantly, if you have children, you need to appoint guardians. Without a will, the courts decide who raises your children. And your estate might be larger than you think: workplace pensions often include death benefits, you might have life insurance through work, and you could inherit from family in the future. A will ensures everything goes where you intend.

Q: How often should I update my will?

A: Review your will after major life changes: having a child, buying property, accumulating significant assets, if your executor or beneficiaries die, or if your relationship ends. As a general rule, review your will every 3-5 years to make sure it still reflects your wishes. With WUHLD, updating is simple and affordable.

Q: What if my partner and I die at the same time?

A: Your will should name alternate beneficiaries—who inherits if your primary beneficiary (your partner) dies before you or at the same time. For most couples, this is their children. If you have no children, you might name siblings, nieces and nephews, or close friends. WUHLD guides you through choosing alternate beneficiaries to ensure your estate goes where you want in every scenario.

Your Partner Needs You to Do This

You can't assume your partner is protected just because you've built a life together.

The law doesn't care how long you've been together, how much you love each other, or what you meant to do someday. What matters is what's written in your will.

Without a will, your partner could lose your home, inherit nothing, and spend a year fighting your family in court while drowning in legal fees. All while grieving.

A will costs £49.99 and takes 15 minutes. A court battle costs £15,000 and takes a year. Which makes sense?

Protect your partner today with WUHLD. Create a legally valid UK will online in 15 minutes for just £49.99—one simple payment, no subscriptions, no hidden fees.

Preview your complete will before paying (no credit card required), then download all four documents: your will, witness guide, testator guide, and estate information document.

Give your partner the legal protection they deserve—and the security of knowing they'll be taken care of if something happens to you.

Preview Your Will Free – No Payment Required

Legal Disclaimer: This article provides general information about UK intestacy rules, inheritance rights for unmarried couples, and wills in England and Wales. It does not constitute legal advice. For advice specific to your individual situation, particularly if you have complex family circumstances, substantial assets, previous marriages, business interests, or non-UK domicile, please consult a qualified solicitor. WUHLD's online will service is suitable for straightforward UK estates; complex situations may require professional legal advice.

The information about the Inheritance (Provision for Family and Dependants) Act 1975 claims is general guidance. Inheritance Act claims are complex, time-sensitive, and require expert legal representation. If you are considering making a claim or are facing a claim against an estate, consult a solicitor specializing in contentious probate immediately, as strict time limits apply.

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