Unmarried Couples: Why You Urgently Need a Will

Emma and James lived together for 12 years. They bought their £320,000 house together, raised two children, and built their entire lives around each other. When James died suddenly at 39 in a cycling accident, Emma assumed she'd inherit everything.

She was wrong.

Because they never married and James died without a will, Emma inherited nothing under UK intestacy rules. The house went to James's parents. His £45,000 in savings went to his children, who were minors, so controlled by trustees. Emma had to move out of the home she'd lived in for over a decade and hire a solicitor to make a claim under the Inheritance Act—a process that took 18 months and cost £12,000 in legal fees. She received a settlement, but it was nowhere near what James would have wanted her to have.

This isn't a rare tragedy. It's the predictable result of a legal system that doesn't recognize unmarried couples—no matter how committed—as having automatic inheritance rights.

According to the 2021 Census, 3.6 million couples in the UK are cohabiting, and research shows that 46% of the general UK population believes in the myth of "common law marriage". Thousands of people are leaving their partners dangerously unprotected.

Here's what every unmarried couple urgently needs to know about wills, inheritance rights, and how to protect the person you love most. For comprehensive protection, also review fair estate distribution strategies, asset protection planning, and lifetime gifting tailored to unmarried partnerships.

The Brutal Truth: Unmarried Partners Inherit Nothing

There is no such thing as common law marriage in England and Wales.

Let that sink in. No matter how long you've been together—2 years or 20 years—it makes no legal difference. Under UK intestacy rules governed by the Administration of Estates Act 1925, unmarried partners inherit absolutely nothing when their partner dies without a will. This is why creating comprehensive wills for unmarried couples is essential.

In 2021, the proportion of people living in couples who were cohabiting increased to 24.3%, up from 20.6% in 2011. That's nearly one in four couples. Yet the law treats all of them exactly the same: as legal strangers.

When someone dies without a will, their estate passes to family members in strict order: spouse or civil partner first, then children, then parents, then siblings, then more distant relatives. At no point in this entire hierarchy do unmarried partners appear.

You could have lived together for 30 years, raised children together, and built a life together. Legally, you have the same inheritance rights as a stranger on the street: none.

Even if you have children together, you still inherit nothing. Your shared children will inherit, but you won't.

How Intestacy Rules Destroy Unmarried Families

The abstract legal principle becomes devastating when applied to real families. Here's what actually happens under intestacy rules.

Scenario 1: Sarah and Michael own their £380,000 home as tenants in common

Sarah owns 50%, Michael owns 50%. They've lived together for eight years with no children. When Michael dies without a will, his 50% share doesn't go to Sarah—it goes to his elderly parents. Sarah now co-owns her home with Michael's parents, who live 200 miles away. They want to sell the property to release equity for their retirement. Sarah can't afford to buy them out. She loses her home.

Scenario 2: David solely owns the £450,000 house where he and his partner Rachel have lived for 15 years

When David dies suddenly of a heart attack, his estate passes to his two adult children from his first marriage. Rachel, who gave up her career to care for David's elderly mother and manage their household, has no legal right to stay in the property. David's children, who haven't lived at home for 20 years, ask Rachel to move out within three months so they can sell the house.

Scenario 3: Claire and Tom have two young children together, ages 3 and 5

When Claire dies in a car accident, Tom assumes he'll inherit everything to care for their children. Wrong. The children inherit Claire's entire £280,000 estate, held in trust until they turn 18. Tom can't access the funds without trustee approval, even for the children's needs. Claire's sister was appointed as trustee and questions every expense. Tom must justify why he needs £1,200 for school uniforms and after-school care. This underscores why financial planning for children's inheritance and appointing proper trustees are critical for unmarried parents.

Scenario 4: Lisa and Emma have been together for 14 years with no children

When Lisa dies without a will, her £180,000 estate—home equity, savings, and investments—goes to her brother, whom she hasn't spoken to in six years after a family falling-out. Emma, who nursed Lisa through cancer for two years, receives nothing. The brother asks Emma to clear her belongings from the house within a month.

Scenario 5: Marcus has three children from his previous marriage and lives with his partner Priya, who has one child

When Marcus dies, his £520,000 estate goes entirely to his three biological children. Priya and her daughter, whom Marcus helped raise for nine years, receive nothing. His adult children inherit the house Marcus and Priya shared, giving Priya 60 days' notice to vacate. This common situation requires specialized will planning for blended families.

These aren't hypothetical disasters. This is exactly how the law works.

"But We Own a House Together"—Property Ownership Explained

Many unmarried couples believe joint property ownership protects them. Sometimes it does. Often it doesn't.

Everything depends on whether you're joint tenants or tenants in common.

Joint tenants means both partners own 100% of the property. When one dies, the other automatically inherits through "right of survivorship." This happens outside the will and isn't affected by intestacy rules. You're protected.

Tenants in common means each partner owns a specific share—typically 50/50, but could be any split like 60/40 or 70/30. When one partner dies, their share passes according to their will or intestacy rules. Without a will, it goes to their family, not to you.

Here's the problem: most unmarried couples who own property together are tenants in common, especially if they contributed different amounts to the deposit or if one partner owned the property before the other moved in.

Check your property ownership type right now. Look at your title deeds or Land Registry documents. If you see "tenants in common" anywhere, you need a will immediately.

Even if you're joint tenants and the property passes automatically, everything else follows intestacy rules. Bank accounts, savings, investments, personal possessions, the car—all distributed to family members. Your partner gets the house but loses all the financial security.

If one partner solely owns the property, the situation is even worse. The other partner has no automatic right to stay, regardless of how long they've lived there or how much they've contributed to mortgage payments or renovations.

The Inheritance Act Claim: Your Only Legal Recourse (And Why It's Terrible)

Unmarried partners do have one option: making a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

But here's why this is an inadequate safety net, not a protection strategy.

To qualify, you must have lived with the deceased for the entire two years immediately before their death "as husband and wife." If your partner spent the last three months in hospital or a care home, you might not meet the requirement. If you briefly separated during those two years, you might not qualify.

Even if you qualify, you can only claim what's needed for your maintenance—basic living expenses. This is a much lower standard than the "reasonableness standard" applied to spouses. The court might decide you need enough to rent a modest flat and cover bills, but not enough to maintain the lifestyle you had with your partner.

Compare that to married couples. Married spouses can inherit up to £322,000 under the statutory legacy before the estate is split with children. Unmarried partners inherit £0 and must fight in court for basic maintenance.

The process requires hiring a solicitor, filing court applications, potentially attending hearings, and waiting 6 to 18 months for resolution. Legal fees typically range from £5,000 to £15,000 or more—sometimes exceeding the amount you ultimately receive.

All of this happens while you're grieving. You must argue your case, potentially against your deceased partner's family, explaining why you deserve financial provision. The court has wide discretion, and there's no guarantee of success.

With a will, your partner inherits immediately, automatically, with no court involvement and no legal fees. The comparison isn't even close.

The Financial Devastation: What Your Partner Could Lose

Let's quantify what's actually at stake.

Consider a typical unmarried couple in their late 30s who own a home. According to ONS data, average UK house prices vary significantly by region, but let's use realistic examples.

Example 1: Midlands couple

£300,000 house (50/50 tenants in common)
£50,000 in savings accounts
£80,000 pension death benefits
£20,000 ISA
Total estate value: £450,000

Without a will, the surviving partner inherits: £0. The deceased partner's £150,000 house share goes to their parents or siblings. The savings, ISA, and accessible pension benefits go to family members. The surviving partner loses everything except their own 50% share of the house—which they now co-own with their deceased partner's family.

Example 2: London couple

£600,000 house (jointly owned as joint tenants)
£100,000 in joint and individual accounts
£40,000 car and personal possessions
Total estate value: £740,000

The surviving partner inherits the house automatically as joint tenant. But the £60,000 in accounts held in the deceased's sole name, the car registered in their name, and personal possessions all pass to the deceased's family. The partner keeps the house but loses the liquid assets needed to pay the mortgage and bills.

Now consider the cost comparison:

Cost to create a will with WUHLD: £49.99 (one-time payment)

Cost to make an Inheritance Act claim:

Solicitor fees: £5,000-£15,000+
Court fees: £365
Time cost: 6-18 months of stress and uncertainty
Emotional cost: Fighting your deceased partner's family while grieving
Risk: No guarantee of receiving anything

Your partner doesn't just lose you—they lose their home, their financial security, and their peace of mind at the worst possible time.

Children from Previous Relationships: A Recipe for Conflict

Blended families face especially complex challenges under intestacy rules.

James lives with his partner Sophie and her 12-year-old daughter from a previous relationship. James has two adult children from his first marriage, ages 28 and 25. They haven't lived at home for years and have strained relationships with James after a difficult divorce.

When James dies without a will, his £480,000 estate goes entirely to his two biological children. Sophie and her daughter, whom James helped raise for seven years, receive nothing. His adult children inherit the house James shared with Sophie, and they want to sell it quickly to split the proceeds. Sophie must move out.

Here's what intestacy law doesn't account for:

The 12-year-old stepchild James treated as his own daughter has no inheritance rights. Stepchildren never inherit under intestacy rules, even if their stepparent raised them from infancy.

The partner who sacrificed career advancement to support the family, care for stepchildren, or manage the household receives nothing.

The biological children, who may be financially secure adults with their own homes and careers, inherit everything—even if they had minimal contact with their deceased parent.

This creates devastating conflicts. Adult children might feel entitled to "their" inheritance. The surviving partner feels betrayed and abandoned. Stepchildren lose both their parental figure and any financial security.

Without a will, your good intentions mean nothing. Biology and marriage status trump relationships, love, and responsibility.

What Unmarried Couples MUST Include in Their Wills

Creating a will as an unmarried couple isn't complicated, but it requires careful thought about your specific situation.

For couples who own property together:

Decide how to leave your property share. If you're tenants in common, your will should explicitly leave your share to your partner. Consider whether you want them to inherit outright or have a "life interest"—the right to live in the property until they die or choose to move, after which it passes to children or other beneficiaries.

Many couples create mirror wills: both partners leave everything to each other first, then to children or other family members after both partners die.

For couples with children together:

Name your partner as the first choice guardian. If you both die simultaneously, name backup guardians.

Consider creating a trust structure that allows the surviving partner to use funds for the children's care without the complications of requiring trustee approval. Your will can specify that the surviving partner has full access to inheritance for raising the children.

Decide whether you want your partner to inherit everything now, with children inheriting after both partners die (common approach), or split the estate between partner and children immediately (less common but sometimes appropriate).

For couples with children from previous relationships:

Be explicit about how you want to divide your estate. Common approaches include:

100% to partner, with your children inheriting from your partner's estate (requires trust)
50% to partner and 50% to your children
Life interest for partner (right to live in home), with children inheriting property value later
Different percentages based on your financial situation and needs

Name guardians for any minor children and make sure backup guardians are also specified.

For couples with no children:

Decide whether you want everything to go to your partner or split between your partner and other family members, friends, or charities.

Consider nieces, nephews, siblings, parents, or causes you care about as secondary beneficiaries.

For all unmarried couples:

Name each other as executors (the people who carry out your will's instructions), plus backup executors in case you both die together.

Specify important personal possessions—family heirlooms, sentimental items, valuable jewelry—so there's no confusion or conflict.

Include funeral wishes so your partner knows what you want.

Remember: both partners need their own will. Even if you make identical provisions for each other, each person needs a separate legal document.

Beyond Wills: Other Essential Documents for Unmarried Couples

A will is essential but not the only document unmarried couples need.

Lasting Power of Attorney (LPA)

Married couples can automatically make some medical and financial decisions for each other in emergencies. Unmarried couples cannot. Without an LPA, if your partner loses mental capacity due to accident or illness, you have no legal authority to access their bank accounts, speak to doctors, or make care decisions.

You need two types of LPA: one for health and welfare decisions, and one for property and financial affairs.

Cohabitation agreement

This written agreement documents your financial arrangements: how you split bills, what happens to property if you separate, who owns what possessions. It's especially important if one partner owns the home or earns significantly more.

Pension nomination forms

Death benefits from workplace and private pensions often fall outside your will. Complete a nomination form with your pension provider naming your partner as beneficiary. Check this every few years, especially if you change jobs.

Life insurance written in trust

Life insurance payouts can be written in trust for your partner, meaning they receive the money directly without it passing through your estate. This avoids potential inheritance tax and ensures your partner gets funds quickly.

Declaration of trust

If you own property as tenants in common, a declaration of trust documents your agreed ownership percentages and what happens if one partner dies or you separate. This prevents disputes and provides clarity.

Even with all these documents, a will remains essential. These documents complement your will; they don't replace it.

"We'll Get Married Someday"—Why Waiting Is Dangerous

Many couples plan to marry eventually but haven't yet. Perhaps you're saving for the wedding. Maybe you're focused on other priorities—children, career, buying a home. You assume you have time.

Life is unpredictable.

According to ONS data, while average UK life expectancy is around 79 for men and 83 for women, thousands of people die unexpectedly each year from accidents, sudden illness, and unforeseen medical emergencies. Cancer, heart attacks, strokes, and accidents don't wait for convenient timing.

Sarah and Tom were engaged. They'd set a wedding date for the following June. Tom died in a workplace accident seven months before the wedding. Despite their engagement, despite living together for six years, despite being weeks away from marriage, Sarah had no automatic inheritance rights. She had to make an Inheritance Act claim to receive any provision from the estate Tom thought would naturally pass to his fiancée.

Being engaged offers no legal protection. You're either married or you're not.

Even marriage doesn't eliminate the need for a will. Married couples should absolutely have wills to specify how assets are divided, name guardians for children, and ensure property goes to the right people. But marriage does provide automatic intestacy protection that unmarried couples completely lack.

Here's the reality: creating a will takes 15 minutes and costs £49.99 with WUHLD. There is no excuse to wait.

Would you want your partner to suffer financially because you procrastinated? Would you want them fighting your family in court while grieving? Would you want them to lose the home you built together?

Don't let "eventually" become "too late."

How to Protect Your Partner Today

The steps to protect your unmarried partner are straightforward.

First, both partners need to create wills naming each other as primary beneficiaries. Specify exactly how you want your property divided, who should act as executor, and what happens to possessions that matter to you.

Second, if you own property together, check your Land Registry documents today to confirm whether you're joint tenants or tenants in common. If you're tenants in common, your will must explicitly leave your property share to your partner.

Third, consider mirror wills if you want everything to go to each other first, then to children or other family after both of you die. This is the most common arrangement for committed couples.

Fourth, don't forget the other documents: Lasting Power of Attorney, pension nomination forms, and life insurance beneficiary designations.

Creating a will with WUHLD takes just 15 minutes online. You answer straightforward questions about your family, property, and wishes. The platform guides you through every decision, explaining what each choice means.

For £49.99, you get:

Your complete, legally binding will for the UK
A 12-page Testator Guide explaining how to execute your will properly
A Witness Guide for the people who will witness your signature
A Complete Asset Inventory to help you document 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 UK will requirements for unmarried couples 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 significant assets, business ownership, overseas property, or intricate family structures may require professional legal advice. This article covers the law in England and Wales. Different rules apply in Scotland and Northern Ireland.

Sources: