Emma and James lived together for 12 years. They bought a house together as tenants in common, raised a daughter, and considered themselves married in every way that mattered.
When James died suddenly at 41, Emma discovered the devastating truth: without a will, she had no automatic right to his half of the house, his savings, or even his personal possessions. Under UK intestacy rules, James's 50% share of their £380,000 home went to his estranged parents—people he hadn't spoken to in seven years. Emma had to buy them out or sell the family home.
Emma and James are not alone. There are 3.5 million cohabiting couples in the UK—and 46% believe the myth of "common law marriage" protects them. It doesn't.
This article explains exactly when and why unmarried couples need wills, what happens without one, and how to protect your partner for £49.99 in 15 minutes.
The Common Law Marriage Myth—And Why It's Dangerous
Common law marriage is not recognized in UK law, regardless of how long you've lived together.
According to Resolution, the national family justice organization, 46% of people in England and Wales wrongly assume that cohabiting couples form a "common law marriage." This figure rises to 55% among families with children. The belief has remained virtually unchanged for nearly 20 years—despite having no legal basis whatsoever.
Years or even decades of commitment create zero automatic legal rights for unmarried partners. You could live together for 30 years, raise children, build a business, and care for each other through illness—and in the eyes of UK intestacy law, you're legal strangers.
This matters more than ever because cohabitation has become the fastest-growing family type in the UK. The number of cohabiting couple families increased from 1.5 million in 1996 to 3.5 million in 2024—a 144% rise. These couples represent 17.7% of all families, yet most remain dangerously unprotected.
Without a will, your unmarried partner has no automatic right to:
- Inherit any portion of your estate
- Benefit from inheritance tax exemptions (married couples inherit tax-free)
- Claim pension rights or survivor benefits automatically
- Stay in property you owned or co-owned
Sarah and Tom had been together for eight years. They bought a £320,000 home as tenants in common, each owning 50%. When Tom died suddenly, his share didn't automatically pass to Sarah—it went through intestacy. Under those rules, Tom's mother inherited his 50%. Sarah had to negotiate a buyout while grieving, eventually paying £160,000 she didn't have to keep the home she'd been living in for years.
In the UK, a 20-year relationship with three children has the same legal status as a six-month relationship. Zero automatic rights for your partner.
What Actually Happens When an Unmarried Partner Dies Without a Will
When someone dies without a valid will in England and Wales, their estate is distributed according to strict intestacy rules. These rules only recognize spouses, civil partners, and blood relatives.
Your unmarried partner—regardless of how long you've been together—inherits nothing.
The intestacy hierarchy works like this:
- Children (biological or adopted) inherit everything if there's no spouse or civil partner
- Parents inherit if there are no children
- Siblings (or their children) inherit if there are no parents
- Half-siblings inherit if there are no full siblings
- Grandparents inherit next
- Aunts and uncles (or their children) inherit next
- The Crown receives the estate if no relatives can be found
Notice what's missing? Your partner is nowhere on that list. Not entitled to £1, regardless of relationship length.
This creates particularly devastating scenarios depending on how you own property together. Most unmarried couples own their home as tenants in common rather than joint tenants—often on a solicitor's advice to protect each person's share during the relationship.
As tenants in common, each person owns a distinct share (typically 50/50, but can be any split). When one person dies, that share doesn't automatically pass to the surviving partner. It goes through their will—or if there's no will, through intestacy.
Maya and Alex lived together for 15 years and had two children aged 10 and 13. Alex died suddenly, leaving a £180,000 estate but no will. Under intestacy rules, the children inherited everything—but because they're minors, the money is held in trust until they turn 18. Maya got nothing to help with immediate living costs, the mortgage, or raising the children. She had to make an Inheritance Act claim just to access funds to support the family.
Even personal possessions—jewelry, cars, collections, pets—can be claimed by the deceased's family under intestacy rules. Surviving partners have found themselves fighting for items with deep sentimental value simply because there was no will.
The mortgage trap is particularly cruel. Dan and Sophie had been together for six years, living in Dan's £250,000 flat with a £140,000 mortgage. When Dan died intestate, the flat went to his brother under intestacy rules. Sophie still had to keep paying the mortgage (her name was on it), but she was paying to keep a property she no longer owned. She eventually had to move out.
What You Inherit: Married vs Unmarried
Situation | Married/Civil Partners | Unmarried Partners |
---|---|---|
First claim on estate | First £322,000 + 50% of remainder (if children); everything (if no children) | £0 regardless of estate size |
Inheritance tax | 100% exemption on spouse inheritance | 40% on amounts over £325,000 |
Automatic rights | Yes—protected by law | No—must make Inheritance Act claim with 2-year qualifying period |
The contrast is stark. Marriage or civil partnership provides automatic protection. Long-term relationships—no matter how committed—provide none.
When Should Long-Term Couples Make a Will? (8 Key Triggers)
The question isn't whether unmarried couples need wills. It's when to make one. Here are the eight moments when making a will becomes essential.
1. When You Move In Together (The Absolute Minimum)
Even a six-month relationship deserves protection if you've committed to living together and sharing a home. Moving in signals that you're building a shared life—your will should reflect that commitment.
This is especially crucial if one person owns the property and the other is moving in. Without a will, the non-owning partner has no claim to the home they've been living in, paying bills for, and maintaining.
Liam and Hannah had been together nine months when they moved in together. Liam owned a flat worth £285,000 with a small mortgage. Hannah had been contributing to bills and groceries for three months when Liam died in a car accident. Without a will, the flat went to Liam's parents under intestacy rules. Hannah had no legal claim, despite having treated it as her home.
2. When You Buy Property Together
This is a critical moment. You're making the biggest financial commitment most people ever make—protecting that investment through a will isn't optional.
Many solicitors recommend unmarried couples own property as tenants in common rather than joint tenants. This protects each person's share if the relationship ends. But it creates massive vulnerability if one partner dies without a will.
The moment you complete on a property purchase as tenants in common, you should both make wills naming each other as beneficiaries of your respective shares. Otherwise, you've just created a situation where the surviving partner could lose their home to their deceased partner's family.
Claire and Mark bought a £300,000 house together, each owning 50% as tenants in common. They meant to make wills but kept putting it off. When Mark died two years later, his 50% share went to his parents under intestacy. Claire had to negotiate with them while grieving. The parents initially wanted to sell the house—forcing Claire to secure a £150,000 loan to buy them out or lose the home she'd invested in.
3. When You Have or Adopt Children Together
Having children creates dual urgency: protecting your partner financially and appointing legal guardians for your children.
Under intestacy rules, children inherit—but if they're minors, that money is held in trust until they're 18. The surviving parent has no automatic right to access it for the children's immediate needs, and gets nothing for their own living costs.
You also need to appoint guardians in your will. While the surviving biological parent usually retains custody automatically, naming guardians ensures your wishes are clear if both parents die, and prevents family disputes about who should care for your children.
Jordan gave up a £38,000-a-year career to care for twin babies. When Jordan's partner died without a will 18 months later, the entire £165,000 estate went to the children—held in trust. Jordan couldn't access it for the children's expenses or living costs, and received nothing despite having sacrificed career progression to raise the family. Jordan had to make an Inheritance Act claim to get any financial support.
4. When One of You Gives Up Work to Care for Children or Home
Financial dependency creates a moral claim on your partner's estate—but not a legal one. If you've left your career, reduced your hours, or turned down opportunities to support your partner or family, a will is essential to protect you.
Inheritance Act claims are possible for financially dependent cohabitees, but they're uncertain, expensive (£10,000-£30,000+ in legal fees), and take months to resolve. A £49.99 will prevents your partner ever needing to make that claim.
5. When You Accumulate Significant Shared Assets
As your joint estate grows—savings, investments, vehicles, furnishings, collections—the stakes get higher. Without wills, everything is determined by the technical details of ownership rather than your intentions.
Rachel and Sam had been together 18 years. They'd built a joint estate worth £420,000: a house, savings, cars, and investments. Because they weren't married and had no wills, when Sam died, only the assets in Sam's sole name went through Sam's estate. Rachel got to keep what was in her name, but had no claim to Sam's share of jointly owned assets held as tenants in common. What they'd built together was torn apart by intestacy technicalities.
6. When Health Issues Arise for Either Partner
A cancer diagnosis, serious accident, or chronic illness creates sudden urgency. None of us know how much time we have—but a health scare is a stark reminder.
Don't wait until it's "too late." Some aggressive cancers progress from diagnosis to death in weeks. Making a will while you're both healthy is a gift to your partner—it removes the stress of having to think about it during a health crisis.
If you're facing serious health issues, making a will now means your partner won't have to fight for basic financial security while grieving.
7. When You Reach a Milestone (5, 10, 15, 20 Years Together)
Relationship milestones are natural moments to formalize your commitment legally. If you're celebrating 10 years together but you've never made a will, your celebration is undermined by your vulnerability.
Milestones often coincide with other changes: accumulating assets, aging parents, changing health, children growing up. Use these moments as prompts to ensure your legal affairs match your relationship reality.
8. TODAY—If You Haven't Done It Yet
The most important trigger is right now.
You're reading this article because you've recognized that you need protection. That awareness is your sign to act.
Your partner is one sudden event away from potential disaster: a car accident, a heart attack, an undiagnosed aneurysm, a workplace incident. Every day you wait is a day they're at risk.
Making a will can be done in 15 minutes for £49.99. There's no reason to wait.
The best time to make a will was when you moved in together. The second-best time is today.
Your Partner's Only Legal Option Without a Will—The Inheritance Act Claim
If you die without a will, your unmarried partner has one potential remedy: making a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
This sounds like a safety net. It's not.
Disclaimer: Inheritance Act claims are complex and fact-specific. Success is not guaranteed. This section provides general information only; consult a solicitor for advice on making or defending a claim.
The Act allows cohabitees to claim "reasonable financial provision" from the deceased's estate, but only if they meet strict criteria:
- Must have cohabited for at least two years immediately prior to the death (not 1 year and 11 months, not broken periods)
- Must have been living together "as though they were husband and wife or civil partners"
- Must prove they were in the same household
Even if they qualify, cohabitees face a lower standard of provision than spouses. Cohabitees can only claim "maintenance"—what they need to live. Spouses can claim based on what's "reasonable" regardless of need, which is far more generous.
The court considers multiple factors:
- Financial resources and needs of the claimant and beneficiaries
- Any obligations the deceased had toward the claimant
- Size and nature of the estate
- Any physical or mental disability of the claimant
- Any other relevant matter
Success is never guaranteed. Courts have discretion to reject claims entirely.
The practical realities are harsh:
Time limit: Claims must be made within six months of the grant of probate. Miss that deadline by even one day, and you lose your chance.
Cost: Legal fees typically range from £10,000 to £30,000 or more. These costs may come out of any settlement, reducing what the claimant receives.
Duration: Even straightforward claims take six months if settled out of court. Contested claims can drag on for 1-2 years.
Emotional toll: You're forced to prove your relationship was real, prove your financial dependency, and essentially justify your claim to the deceased's family during the worst period of grief.
Uncertainty: No predictable outcome. Similar cases can have vastly different results depending on the specifics.
Real-world examples:
Successful claim: Together 14 years with two children. Claimant had given up career to raise children. Received 45% of a £290,000 estate after eight months and £18,000 in legal fees. Success—but at enormous cost and stress.
Unsuccessful claim: Together three years but the relationship had been on-and-off. Couldn't prove continuous two-year cohabitation. Claim rejected entirely. Lost legal costs with nothing to show for it.
Partial success: Together seven years, financially dependent. Court awarded £42,000 maintenance provision (enough to live on for 2-3 years) from a £380,000 estate. Far less than the claimant would have received with a will.
An Inheritance Act claim is your partner's worst-case fallback plan. A £49.99 will prevents them ever needing it.
The Property Question—Joint Tenants vs Tenants in Common
If you own property with your partner, understanding how you own it is critical. This single technical detail determines whether your partner automatically inherits your share or faces potential disaster.
There are two ways to own property jointly in the UK: joint tenants and tenants in common.
Joint Tenants (Joint Tenancy)
With joint tenancy, you own the property together as a single unit. There are no distinct shares—you both own 100% together.
Right of survivorship: When one owner dies, the property automatically passes to the survivor. This happens outside of your will and outside of intestacy. You cannot leave your share to anyone else.
Good for: Couples who want automatic protection and aren't concerned about protecting shares for children from previous relationships.
Risk: You can't control where your share goes. If you have children from a previous relationship, they won't inherit your share of the property.
Tenants in Common (Tenancy in Common)
With tenancy in common, each person owns a distinct, separate share. Shares are usually 50/50, but can be any split (60/40, 70/30, etc.).
Each person's share is theirs to leave in their will. There is no automatic right of survivorship.
If you die without a will, your share goes through intestacy—which means it does not go to your partner unless they happen to be your nearest blood relative (they won't be).
Good for: Protecting shares for children, reflecting unequal financial contributions, providing protection if the relationship ends.
Risk: REQUIRES A WILL to protect your partner. Without one, your share goes to your family, not your partner.
The Dilemma Most Unmarried Couples Face
Many solicitors recommend tenants in common for unmarried couples. The reasoning makes sense: it protects each person's investment if you separate. If the relationship ends, you each get your share back.
But this protection during the relationship creates massive vulnerability after death—if there's no will in place.
You must have wills naming each other as beneficiaries of your property shares. Otherwise, you've protected yourselves against separation but left yourselves dangerously exposed to death.
How to Check Which You Have
Look at your Land Registry Title Register (the TR1 form from when you purchased):
- "No restriction" entry: Likely joint tenants
- "Form A restriction" entry: Tenants in common
You can request an official copy of your title register from GOV.UK's Land Registry service.
Can You Change It?
Yes. The change takes 2-4 weeks to register:
Joint tenants → Tenants in common: Serve a "notice of severance" (a formal legal process)
Tenants in common → Joint tenants: Both parties agree and register the change with the Land Registry
Scenarios: How It Plays Out
Joint tenants with no will: Partner dies. Survivor automatically inherits the entire property through right of survivorship. Good outcome.
Tenants in common with no will: Partner dies. Their 50% share goes through intestacy to parents or siblings. Survivor must buy them out or sell the home. Disaster.
Tenants in common with mutual wills: Partner dies. Their 50% goes to the survivor as specified in the will. Survivor inherits the deceased's share and owns 100% of the property. Perfect outcome.
Which ownership structure + will combination is right for you?
Your Situation | Recommended Structure | Will Required? | Why |
---|---|---|---|
No children, want simplicity | Joint tenants | Optional (for other assets) | Automatic survivorship protects you both |
Children from previous relationships | Tenants in common | Essential | Allows you to leave share to partner now, then to children after partner's death (life interest) |
Unequal financial contributions | Tenants in common | Essential | Reflects actual investment; will ensures shares go to partner |
Want separation protection | Tenants in common | Essential | Protects during relationship but requires will for death |
Simple estate, complete trust | Joint tenants | Optional | Automatic survivorship handles property; will covers other assets |
If you're tenants in common, a will isn't optional—it's essential. Without it, your partner could lose their home.
The Financial Consequences—Inheritance Tax and Unmarried Couples
Beyond losing inheritance rights, unmarried couples face a significant financial penalty compared to married couples: inheritance tax.
Disclaimer: Inheritance tax rules are complex and subject to change. The figures provided are based on the 2024/25 tax year thresholds. For personalized tax advice, consult a qualified tax advisor or financial planner.
The Spouse Exemption (That You Don't Have)
Married couples and civil partners benefit from 100% inheritance tax (IHT) exemption on gifts to each other. Unlimited amounts can pass between spouses completely tax-free, regardless of estate size.
Surviving spouses also inherit any unused nil-rate band from their deceased spouse, potentially doubling their IHT protection to £650,000.
Unmarried couples have no exemption.
What Unmarried Partners Pay
Inheritance tax is charged at 40% on estates over £325,000. This threshold is called the nil-rate band. For unmarried partners inheriting through a will, there's no special protection.
An example: Your estate is worth £525,000 and you leave everything to your unmarried partner in your will. The estate pays 40% tax on £200,000 (the amount over £325,000), which equals £80,000 in inheritance tax.
A married couple in the identical situation would pay £0 in inheritance tax due to the spouse exemption.
The Residence Nil-Rate Band Complication
There's an additional £175,000 allowance (the residence nil-rate band or RNRB) when you pass your main home to direct descendants—children or grandchildren.
This does not apply when passing your home to an unmarried partner (unless they're also the parent of your children, in which case it may apply when the property ultimately passes to the children).
Most unmarried couples can't benefit from the RNRB when leaving property to each other.
Real-World IHT Scenarios
Together 15 years, £480,000 estate, no children:
- Partner inherits everything through your will
- IHT charged at 40% on £155,000 (amount over £325,000 threshold)
- IHT bill: £62,000
- Partner receives: £418,000
- Married couple pays: £0 (spouse exemption)
Together 10 years, £620,000 estate including £400,000 home, children together:
- Partner inherits everything
- Potential RNRB may apply for home passed to children's parent
- Even with maximum RNRB (£175,000), threshold is only £500,000
- IHT charged on £120,000
- IHT bill: £48,000
- Married couple pays: £0
Together 8 years, £890,000 estate:
- Partner inherits everything through your will
- IHT charged at 40% on £565,000 (amount over £325,000)
- IHT bill: £226,000
- Partner receives: £664,000
- Married couple pays: £0 (spouse exemption)
IHT on £500,000 Estate: Married vs Unmarried
Estate Value | Married Couple IHT | Unmarried Couple IHT | Amount Inherited (Unmarried) |
---|---|---|---|
£500,000 | £0 (spouse exemption) | £70,000 (40% on £175,000) | £430,000 |
£500,000 | £0 | £70,000 | Loss of £70,000 |
Mitigation Strategies
There are limited ways to reduce IHT for unmarried couples:
Life insurance: Take out a policy in trust for your partner to cover the expected IHT bill. When you die, the payout goes directly to your partner and isn't part of your estate.
Lifetime gifting: You can give away assets during your lifetime. If you survive seven years after making the gift, it's outside your estate for IHT purposes. But this creates risk if you need the assets.
Trusts: Complex arrangements that can provide some IHT efficiency, but require professional legal and tax advice.
Marriage or civil partnership: The most effective solution. It provides 100% IHT exemption, automatic inheritance rights, and transferable nil-rate bands.
A will doesn't fix the IHT issue for unmarried couples, but it ensures your partner at least inherits what's left after tax. Without a will, they may inherit nothing and your estate still pays the full IHT bill—with the money going to your relatives instead.
What to Include in Your Will as an Unmarried Couple
When you make your will as an unmarried partner, these are the essential elements to include.
1. Beneficiary Designation
Name your partner as the primary beneficiary for specific assets or your entire estate. Be explicit and use full legal names.
Example: "I leave my 50% share of the property at 42 Maple Road, Bristol, BS5 6TN, to [partner's full name]."
Consider whether to include other beneficiaries: children, parents, siblings, charities. Many unmarried couples use a structure where everything goes to the partner, with backup beneficiaries if the partner predeceases them.
2. Executor Appointment
Name your partner as executor—the person who administers your estate. They'll be responsible for collecting assets, paying debts and taxes, and distributing the estate according to your will.
Also name a backup executor in case your partner predeceases you or is unable to act. For complex estates, consider appointing a professional executor (usually a solicitor) alongside or instead of your partner.
3. Guardianship (If You Have Children)
If you have children under 18, appointing guardians is critical. Usually, this will be your partner if they're the other biological parent. But you should also name backup guardians in case your partner can't act.
Discuss this with your chosen guardians first. Don't surprise someone by naming them in your will without their knowledge or consent.
For large estates, consider appointing separate financial guardians (to manage the children's inheritance) and personal guardians (to raise the children day-to-day).
4. Specific Gifts
Identify specific items your partner would want: jewelry, family heirlooms, collections, pets. Make it clear which personal possessions go to your partner versus other family members.
Family heirlooms might go to children or siblings, while personal items with shared meaning go to your partner.
5. Property Shares (Tenants in Common)
If you own property as tenants in common, explicitly state that you leave your share to your partner.
You might also consider a life interest: your partner can live in the property until their death or remarriage, after which it passes to your children. This balances protecting your partner's housing security with ensuring your children eventually inherit.
6. Financial Assets
Specify who inherits bank accounts, savings, investments, and pensions. Note that some assets (especially pensions) have separate nomination forms that work alongside your will—complete those too.
Consider leaving some funds accessible immediately for funeral costs and immediate bills, with the remainder distributed later.
7. Business Interests (If Applicable)
If you own shares in a business, partnership interests, or operate as a sole trader, address these in your will. Complex business estates may need separate business succession planning.
8. Digital Assets
Don't forget digital assets: social media accounts, cloud storage, cryptocurrency, online businesses, photo libraries. Specify what should happen to these and who should have access.
9. Funeral Wishes
State your preferences for burial or cremation, and any other funeral wishes. These aren't legally binding, but they guide your family.
This is especially important for unmarried couples. Without being your legal next of kin, your partner has no automatic right to make funeral decisions. Your will helps establish your wishes and your partner's role in honoring them.
10. Letter of Wishes (Optional but Valuable)
Consider including a non-binding letter of wishes explaining your reasoning. This is especially useful if family members might contest the will.
Example: "I leave everything to [partner's name] because we've built our life together for 12 years. We own our home together, we've raised our daughter together, and [partner] has supported me through illness and career changes. It is my clear wish that [partner] receives my estate."
Mirror Wills for Couples
Most unmarried couples create mirror wills—near-identical wills that leave everything to each other, with the same backup beneficiaries.
You should also specify what happens if you die together (in the same accident, for example). Typical structure: everything goes to each other, but if both die together, the estate is split between your respective families or goes to your children.
What NOT to Forget
Update beneficiary nomination forms separately from your will:
- Pension nomination forms (contact your pension provider)
- Life insurance beneficiary forms
- ISA nominations where available
If you want to leave your property share to someone other than the property co-owner, you may need to sever your joint tenancy first (if you own as joint tenants).
Keep your will updated when circumstances change: relationship changes, children born, property purchases, significant wealth changes.
Your will should read like a love letter to your partner—absolutely clear that they're your chosen family.
How to Make a Will as an Unmarried Couple (WUHLD Process)
You know you need a will. Here's how to actually make one.
The Traditional Route (And Why It's Often Skipped)
The traditional path is seeing a solicitor. You'll pay £150-£350 per person, attend appointments during work hours, wait weeks for back-and-forth drafting, and navigate a formal, sometimes intimidating process.
It works. But the barrier is high enough that many couples delay for years. "We know we should, but we haven't gotten around to it" becomes a dangerous refrain.
The WUHLD Difference for Unmarried Couples
WUHLD was designed for exactly this situation: committed couples who need straightforward wills without the complexity, cost, or delay of traditional solicitors.
15 minutes online: Complete your will from your sofa, any time of day or night. No appointments, no office visits, no waiting.
£49.99 one-time payment: Not £300+ per person. Not a subscription. No hidden fees. Just £49.99 for your complete will.
No credit card to preview: See exactly what your will looks like before paying anything. Review every word. Make sure it's right. Only pay if you're satisfied.
4 documents included: You get your will plus three essential supporting documents—a testator guide explaining how to execute your will properly, a witness guide for your witnesses, and a complete asset inventory.
Designed for your situation: The questions specifically address unmarried couple scenarios, property ownership structures, and guardianship appointments.
Clear guidance on property: The system helps you specify whether you own as joint tenants or tenants in common, and correctly addresses your share.
Guardianship support: Easy step-by-step process to name guardians for your children with backup options.
Instant download: Your PDF is ready to print and sign as soon as you complete payment.
The Process
Answer guided questions (10-15 minutes): About yourself, your partner, your assets, your wishes for who inherits what, and who should administer your estate.
Preview your will for free: Review every word before paying. Make sure it accurately reflects your wishes. Edit if needed.
Pay £49.99: One-time payment. Get immediate access to download your documents.
Download and print: Your legally valid will is ready to sign.
Sign with witnesses: Two witnesses must watch you sign your will. They can't be beneficiaries or married to beneficiaries. They each sign as well.
Store safely: Keep the original somewhere secure (fireproof safe, with solicitor, etc.). Give a copy to your partner and your executor.
For Couples (Mirror Wills)
Each person needs their own will. You can complete them together or separately, coordinating your beneficiaries and guardian choices.
Each will costs £49.99, so a couple making mirror wills pays £99.98 total—still far less than a solicitor for even one person.
What Makes It Legally Valid
Your will is legally valid in England and Wales if:
- You're 18 or over
- You have mental capacity
- It's in writing
- You sign it in the presence of two witnesses
- The witnesses sign in your presence
- All signatures happen on the same occasion
- Witnesses are 18+, not beneficiaries, and not married to beneficiaries
WUHLD guides you through all of these requirements, ensuring your will meets UK legal standards.
Protect your partner tonight. 15 minutes, £49.99, complete peace of mind.
Beyond the Will—Other Essential Documents for Unmarried Couples
A will is your foundation, but unmarried couples should consider other protective documents as well. These complement your will but serve different purposes.
1. Cohabitation Agreement
A cohabitation agreement clarifies ownership of assets, property shares, and financial arrangements during your relationship. It protects you if the relationship ends.
This is separate from a will, which protects after death. A cohabitation agreement requires a solicitor to draft and typically costs £500-£1,500 depending on complexity.
Useful if: there's significant wealth disparity, one person owns the property, or you're making unequal financial contributions.
2. Lasting Power of Attorney (LPA)
An LPA allows your partner to make decisions if you lose mental capacity—through illness, accident, or age.
There are two types:
- Property and Financial Affairs LPA: Managing money, bills, property
- Health and Welfare LPA: Medical treatment, care decisions, where you live
This is critical for unmarried couples. Without LPAs, your family members can challenge who makes decisions for you. Your partner of 15 years may be shut out of medical decisions by parents or siblings.
Each LPA costs £82 to register with the Office of the Public Guardian. You should make both types. Your partner should do the same.
3. Pension Nomination Forms
Pensions usually don't pass through your will. Most pensions have separate nomination processes.
Complete your pension provider's "expression of wishes" form to nominate your partner. It's not legally binding, but it strongly influences the pension trustees' decision on who receives death benefits.
Check: workplace pension, private pensions, SIPPs (Self-Invested Personal Pensions).
4. Life Insurance Trust
If you have life insurance, you can write the policy into trust for your partner. This means the payout goes directly to them without passing through your estate.
Benefits: faster access (no waiting for probate), potential IHT savings (payout is outside your estate). Discuss this with a financial advisor.
5. Bank Account Beneficiary Nominations
Some banks allow you to complete nomination forms for bank accounts. This allows small amounts (usually up to £5,000-£50,000 depending on the bank) to be paid directly to your nominee without going through probate.
Not a replacement for a will, but helpful for immediate access to some funds.
6. Joint Bank Accounts
Consider having at least one joint bank account for household bills and living costs. Joint accounts automatically pass to the survivor and aren't subject to probate delays.
This gives your partner immediate access to funds for bills, mortgage payments, and day-to-day expenses while the estate is being administered.
A will is your foundation. These other documents add extra layers of protection for unmarried couples.
Taking Action Today—Your Partner Deserves Protection
Your relationship is real. Your commitment is real. Your love is real.
UK law doesn't recognize any of it without a will.
One sudden event—a car accident, a heart attack, an undiagnosed illness—and your partner is vulnerable. Every day you wait is a day your partner is at risk.
What Happens If You Don't Make a Will
Your partner could lose their home. Your children inherit but your partner gets nothing to support them. Your family—who you might not even be close to—controls everything.
Your partner faces months of court battles, Inheritance Act claims, and uncertainty during the worst period of grief. Everything you built together could be dismantled by intestacy rules that don't recognize your relationship.
What Happens If You Do Make a Will
Your partner is protected no matter what happens. Your children have named guardians. Your wishes are legally documented and binding.
Your family can't override your relationship. You've done the most loving thing possible: guaranteed your partner's security.
The Choice
You can continue believing "it won't happen to us"—the same belief that 46% of couples hold about common law marriage.
Or you can spend 15 minutes and £49.99 to protect the person you love most.
Not making a will is making a choice—the choice to leave your partner vulnerable.
Your key takeaways:
- Common law marriage doesn't exist in UK law—46% believe the myth, but years together create zero automatic rights
- Without a will, unmarried partners inherit nothing under intestacy rules
- Tenants in common property ownership requires a will to protect your partner's home
- Unmarried couples pay up to 40% inheritance tax with no spouse exemption
- 8 key moments to make a will: moving in, buying property, having children, giving up work, significant assets, health issues, milestones, and today
- Your partner's only option without your will is an expensive, uncertain Inheritance Act claim
Create your will and protect your partner today. With WUHLD, it takes just 15 minutes online.
For £49.99 (vs £650+ for a solicitor), you'll get:
- Your complete, legally binding will
- A 12-page Testator Guide explaining how to execute your will properly
- A Witness Guide to give to your witnesses
- A Complete Asset Inventory document---
Frequently Asked Questions
Q: Is common law marriage recognized in the UK?
A: No. Common law marriage is not recognized in UK law (England and Wales), regardless of how long you've lived together. Despite 46% of people believing otherwise, living together creates no automatic legal rights for unmarried couples.
Q: What happens if my partner dies and we are not married UK?
A: Without a will, you inherit nothing under intestacy rules. The estate passes to children, parents, siblings, or other blood relatives in that order. Your only option is to make an Inheritance Act claim if you cohabited for at least two years, which is expensive and uncertain.
Q: Do I need a solicitor to make a will UK?
A: No. For straightforward estates, online will services like WUHLD (£49.99) provide legally valid wills. Solicitors (£150-£350+) are recommended for complex situations involving business assets, international property, significant tax planning, or anticipated disputes.
Q: What is the difference between joint tenants and tenants in common UK?
A: Joint tenants own property together with automatic right of survivorship—when one dies, the other automatically inherits. Tenants in common each own a distinct share that passes through their will or intestacy—requiring a will to protect your partner.
Q: Can my partner inherit if we are not married?
A: Only if you make a will naming them as a beneficiary. Without a will, unmarried partners have no automatic inheritance rights under UK intestacy law, regardless of relationship length.
Q: How much inheritance tax do unmarried couples pay?
A: Unmarried couples have no IHT exemption. They pay 40% on estates over £325,000, while married couples inherit tax-free. On a £500,000 estate, an unmarried partner pays £70,000 in IHT; a spouse pays £0.
Q: When should unmarried couples make a will?
A: Make a will when you move in together (minimum), buy property together (essential), have children, accumulate significant assets, face health issues, or reach relationship milestones. The best time is today if you haven't already.
Related Articles
- Do I Need a Will? 10 Reasons You Can
- How Much Does a Will Cost in the UK?
- Debt and Your Will: What Happens to It After You Die?
- How to Make a Will in the UK (Complete 2025 Guide)
- Estate Planning UK: A Complete Beginner
- What Happens If You Die Without a Will in the UK?
- UK Will Requirements: Is Your Will Legally Valid?
- what-is-an-executor-of-will-uk
- how-to-choose-guardians-for-children-uk
- backup-guardians-uk
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 unmarried couples in the UK and does not constitute legal advice. UK law regarding cohabitation, intestacy, and inheritance is complex and may not apply equally in all situations. For advice specific to your individual circumstances, including complex estates, business assets, or international elements, please consult a qualified solicitor. WUHLD's online will service is suitable for straightforward UK estates; complex situations may require professional legal advice.
Sources: