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Unmarried Couples: Why You Urgently Need a Will in the UK

· 40 min

Note: The following scenario is fictional and used for illustration.

Emma, 32, and James, 34, bought their £340,000 flat in Manchester together in 2018. They'd been a couple for nine years, had a two-year-old daughter, and always planned to marry "someday." When James was killed in a cycling accident in 2023, Emma discovered that their "someday" was too late.

Because they owned the property as tenants in common (not joint tenants) and James had no will, his £170,000 share of the flat went to his parents under intestacy law. Emma had to sell the home she'd lived in for five years to buy out James's parents—while grieving and caring for their toddler alone.

Emma isn't alone. Over 1 million of the UK's 3.6 million cohabiting couples would inherit nothing if their partner died tomorrow. Yet 68% don't understand intestacy rules, and 46% mistakenly believe "common law marriage" protects them.

This article will show you exactly what happens when unmarried partners die without wills, why the common law marriage myth is so dangerous, and how to protect your partner in just 15 minutes for £99.99.

Table of Contents

The Common Law Marriage Myth: Why 46% of UK Couples Are Wrong

Common law marriage is one of the most dangerous legal myths in the UK today.

Research shows that 46% of adults in England and Wales believe that living together for a certain length of time automatically creates legal rights equivalent to marriage. This belief is even more prevalent among families with children, where 55% think common law marriage exists.

Here's the truth: common law marriage does not exist in England and Wales. It hasn't since 1753.

Living together for any length of time—whether it's two years, ten years, or three decades—creates no automatic inheritance rights, no automatic financial claims, and no automatic decision-making authority if your partner becomes incapacitated or dies.

The law treats unmarried couples as legal strangers, regardless of how long they've shared a home, how many children they've raised together, or how intertwined their finances have become.

Consider these situations where the common law marriage myth creates false security:

Sarah and Marcus, together 15 years with two children. Sarah gave up her career to raise their children while Marcus built a successful business. When Marcus died unexpectedly, Sarah discovered she had no automatic right to inherit his £450,000 estate. Under intestacy law, everything went to their children—leaving Sarah, who'd devoted 15 years to their family, with nothing until the children turned 18.

Priya, who spent £80,000 renovating their jointly owned home. She assumed that her contributions and their 12-year relationship meant she'd inherit her partner's share when he died. Instead, his share went to his adult son from a previous relationship, who immediately demanded the house be sold.

David and Janet, together 18 years after both divorced. They chose not to remarry but assumed their long relationship gave Janet rights to David's pension and savings. When David died from a stroke, Janet learned that his £180,000 pension went to his ex-wife (who he'd named as beneficiary decades earlier and never updated), and his savings went to his adult children.

According to the Office for National Statistics, 3.6 million couples in England and Wales cohabit without being married or in civil partnerships—a figure that's increased by 25.8% over the past decade. Yet the vast majority of these couples have no idea they're legally vulnerable.

The Law Society has warned that over 1 million cohabiting couples would inherit nothing if their partner died without a will. The "length of relationship" argument that feels so compelling emotionally holds no weight legally.

If you're thinking, "But we've been together so long, surely the law recognizes that?"—you're not alone. But you're also not protected. The only way to ensure your unmarried partner inherits from you is to make a will.

What Actually Happens When an Unmarried Partner Dies Without a Will

When someone dies without a valid will, their estate is distributed according to intestacy rules—strict legal provisions that determine who inherits based solely on blood relationships and legal marriage.

Unmarried partners don't appear anywhere in these rules.

Here's what typically happens:

Within days of your partner's death, someone (usually a family member) applies for a grant of probate. This legal document gives them authority to access your partner's bank accounts, sell their property share, and distribute their assets. You have no automatic right to apply for this grant—even if you've lived together for decades.

While you're grieving, dealing with funeral arrangements, and trying to understand what happens next, the legal process moves forward without you.

Who actually inherits under intestacy law:

If your partner has children (even adult children, even children from previous relationships), the entire estate goes to them. You inherit nothing.

If your partner has no children, the estate goes to their parents. You inherit nothing.

If your partner has no children and no surviving parents, the estate goes to siblings. You inherit nothing.

The hierarchy continues through grandparents, aunts, uncles, and even distant cousins before the Crown ultimately inherits—but unmarried partners never appear on this list.

Your partner's "estate" includes everything they owned:

  • Their share of your jointly owned property (if owned as tenants in common)
  • All their savings and bank accounts
  • Their car, jewelry, and personal possessions
  • Their share of any business you built together
  • Their investments and stocks
  • Their life insurance (unless you're named as the beneficiary)

The devastating reality is that you'll likely still be responsible for bills, the mortgage, and caring for your children—but you'll receive no financial support from your partner's estate to help you do so.

Let's look at what this means in practice:

Emma and Tom bought their £280,000 house together. When Tom died suddenly at age 38, his £140,000 share went to his adult daughter from his first marriage. Emma had to take out a loan to buy out the daughter, increasing her monthly mortgage payments by £600—money she couldn't afford on a single income while raising their three-year-old son.

Marcus had £50,000 in savings he'd accumulated over his 25-year career. His partner Sarah assumed these savings would help her through the difficult months after his death. Instead, they went to Marcus's parents, who were financially comfortable and didn't need the money. Sarah had to borrow from her own parents to cover funeral costs and living expenses.

David and his partner Claire built an online business together over eight years. David handled the technical side, Claire managed marketing and sales. When David died, his 60% ownership share went to his brother (who knew nothing about the business). The brother wanted immediate cash, forcing the sale of the business Claire had devoted nearly a decade of her life to building.

Research by Will Aid found that 68% of people don't understand intestacy rules. Most assume that their partner will automatically inherit, or that their wishes will somehow be honored even without a will.

They won't.

The law treats you as strangers, no matter what your life together looked like. Without a will, your partner's family—not you—will make the decisions, receive the inheritance, and control the assets you may have built together.

The Intestacy Rules That Leave Unmarried Partners With Nothing

The legal framework that creates this devastating situation is the Administration of Estates Act 1925.

Written nearly a century ago when cohabitation was rare and social attitudes were very different, this Act still governs who inherits when someone dies without a will in England and Wales.

Here's exactly how the law distributes an intestate estate:

If the deceased was married or in a civil partnership:

  • The spouse receives the first £322,000 of the estate (increased from £270,000 in 2023 to account for inflation)
  • Plus all personal possessions (jewelry, furniture, car, etc.)
  • Plus half of everything above £322,000
  • Children receive the other half of anything above £322,000

If the deceased was unmarried:

  • Children receive 100% of the estate
  • If no children, parents receive 100%
  • If no children or parents, siblings receive 100%
  • The hierarchy continues through grandparents, aunts, uncles, cousins
  • If no relatives can be found, the Crown (government) inherits everything
  • Unmarried partners: £0

Here's a comparison table that shows the stark difference:

Relationship Estate Value: £200,000 Estate Value: £500,000
Married spouse Inherits entire £200,000 Inherits £322,000 + £89,000 (half of £178,000 remainder) = £411,000
Adult children Nothing (spouse inherits all) £89,000 (half of £178,000 remainder) split among them
Unmarried partner £0 £0

Let's see what this means with specific examples:

Scenario 1: Estate worth £150,000

  • If married: Spouse inherits all £150,000. Children inherit nothing.
  • If unmarried: Children inherit all £150,000. Partner inherits nothing.

Scenario 2: Estate worth £450,000

  • If married: Spouse inherits £322,000 + £64,000 (half of £128,000 remainder) = £386,000. Children inherit £64,000.
  • If unmarried: Children inherit all £450,000. Partner inherits nothing.

Scenario 3: Estate worth £800,000

  • If married: Spouse inherits £322,000 + £239,000 (half of £478,000 remainder) = £561,000. Children inherit £239,000.
  • If unmarried: Children inherit all £800,000. Partner inherits nothing.

The spouse threshold of £322,000 was set by the Administration of Estates Act 1925 (Fixed Net Sum) Order 2023, which adjusts the amount periodically for inflation under the Inheritance and Trustees' Powers Act 2014.

But notice what's absent from every scenario: any mention of unmarried partners.

The 1925 Act doesn't even acknowledge that unmarried couples exist. In the eyes of intestacy law, a person you've lived with for 20 years, raised children with, bought property with, and built a life with has the same legal status as a complete stranger.

Consider the injustice of this framework:

A spouse married for just six months inherits automatically. An unmarried partner of 30 years inherits nothing.

A spouse who lived separately for years (but never divorced) inherits automatically. An unmarried partner who cared for their partner through a terminal illness inherits nothing.

A civil partner in a partnership registered the day before death inherits automatically. An unmarried partner who financially supported their partner for decades inherits nothing.

The law draws a bright line between married and unmarried—and if you're on the wrong side of that line, you're completely unprotected.

These aren't abstract legal principles. Every year, thousands of families discover this devastating reality. The surviving partner loses not just their loved one but also their home, their financial security, and sometimes their ability to care for their children.

Real Scenarios: How Intestacy Destroys Unmarried Families

The legal framework we've discussed creates real devastation in real families. Let's look at specific scenarios that show what intestacy looks like in practice.

Scenario 1: Young Family—Sophie and Ryan

Sophie, 30, and Ryan, 32, met at university and had been together for seven years when Ryan died suddenly from an undiagnosed heart condition. They had a four-year-old son and had never gotten around to marrying, always planning to do it "someday."

They owned a £310,000 flat in Bristol as joint tenants—the one thing they'd gotten right. When Ryan died, the flat automatically passed to Sophie.

But everything else went wrong.

Ryan had £45,000 in savings, carefully accumulated over his career in software development. He'd also recently changed jobs, and his new employer offered life insurance worth £80,000. Ryan had filled out the beneficiary form quickly during onboarding, checking the box for "my estate" without really thinking about it.

Under intestacy law, both the savings and the life insurance went into Ryan's estate. Since Ryan had a child, the entire £125,000 went into a trust for their son until he turned 18.

Sophie received nothing—not a single penny—despite being Ryan's partner for seven years and the person who would actually be raising their son alone for the next 14 years.

She struggled to pay the mortgage on the flat with her reduced income (she'd gone part-time after their son was born). She had to borrow money from her parents for funeral costs. The £125,000 that should have supported their son's upbringing and education sat in a trust, inaccessible until he turned 18—long after Sophie needed it to pay for childcare, food, and the mortgage that kept a roof over his head.

Total loss to Sophie: £125,000 that should have helped her raise their child.

Scenario 2: Tenants in Common Disaster—Priya and Mark

Priya, 38, and Mark, 42, bought their £480,000 house in Reading 11 years ago. They owned it as tenants in common with a 50-50 split. They had two children together, ages 7 and 9.

Mark was diagnosed with aggressive cancer and died eight months later. Between the shock of diagnosis, the intensity of treatment, and caring for their children through the trauma, Mark never got around to making a will. He'd mentioned it several times but kept putting it off.

Because Mark died intestate with children, his £240,000 share of the house went into a trust for the children until they turned 18.

This created an impossible situation for Priya.

She couldn't afford to stay in the house—the mortgage on her half was already stretching her budget as a single parent. She couldn't buy out the children's share (where would she get £240,000?). And she couldn't sell the house without permission from the trustees (Mark's parents, who had different ideas about what should happen).

After months of negotiation and £12,000 in legal fees, Priya was forced to sell the family home. She and the children moved to a smaller house in a cheaper area. Both children had to change schools, leaving their friends at one of the most difficult times in their young lives.

Mark's pension—worth £65,000—went to his adult daughter from his previous relationship, who he'd named as beneficiary 15 years earlier and never updated.

Total loss: The family home, the children's schools, their neighborhood stability, £65,000 pension, plus £12,000 in legal fees trying to resolve the situation.

Scenario 3: Long-term Couple—Janet and David

Janet, 56, and David, 58, had been together for 18 years. Both had been divorced and chose not to remarry—they saw their relationship as just as committed without the paperwork.

David had built up a £180,000 pension over his career in banking. He also had £95,000 in savings and investments. They owned their £620,000 house in Surrey as tenants in common (their solicitor had recommended it during the purchase for estate planning reasons, though neither really understood the implications).

When David died from a massive stroke, Janet's world fell apart—financially and emotionally.

David's £310,000 share of the house (half of £620,000) went to his two adult children from his first marriage. They were sympathetic but needed the money for their own house deposits. They gave Janet six months to buy them out or sell.

Janet couldn't raise £310,000. She'd spent the last 18 years building a life with David, caring for his elderly mother (who lived with them for five years before passing away), and contributing to their home. She'd also given up higher-paying opportunities to stay in Surrey near David's children and grandchildren.

None of that mattered legally.

The house had to be sold. At age 56, Janet had to find somewhere new to live with whatever was left after the sale.

David's £180,000 pension went to his ex-wife—he'd named her as beneficiary 25 years earlier, shortly after they'd married, and had never updated the form. His savings and investments went to his adult children.

Janet, after 18 years together, received nothing. She had to move in with her own adult daughter at age 56, having lost her home, her financial security, and her independence.

Total loss: £585,000 in total assets, the home they'd shared for nearly two decades, and Janet's financial independence.

Scenario 4: Business Partners—Thomas and Elena

Thomas, 34, and Elena, 36, met nine years ago and built a successful online retail business together. Thomas handled the technical side (website, systems, logistics) while Elena managed marketing and sales. They owned the business 60-40, reflecting Thomas's initial investment, but both worked full-time in it.

They'd recently bought a £180,000 flat together as joint tenants and were talking about having children.

Thomas died in a car accident.

The flat automatically passed to Elena—the one thing that went right.

But Thomas's 60% ownership of the business went to his younger brother, who lived in Scotland and worked in finance. The brother knew nothing about retail, had never been involved in the business, and wanted his inheritance in cash as quickly as possible.

Elena couldn't buy him out—she didn't have £144,000 (60% of the £240,000 business value). The brother insisted on selling the business to get his inheritance.

Elena lost the business they'd built together over nine years. She lost her income. She lost eight years of 60-hour weeks, creative energy, and business relationships she'd developed.

She kept the flat but had no way to pay the mortgage without the business income. Within six months, she'd sold the flat, moved back in with her parents, and was looking for employed work—having lost everything they'd built together.

Total loss: £144,000 business value, her income source, eight years of work building the business, and indirectly the flat when she couldn't afford the mortgage.

These aren't rare edge cases. They're common patterns that repeat across the UK whenever unmarried partners die without wills.

None of these families thought it would happen to them. All could have been protected with wills that cost £99.99 each and took 15 minutes to create.

Can You Make a Claim? The Inheritance Act Loophole

After learning about intestacy rules, many unmarried partners ask: "Can't I just make a claim on the estate?"

The answer is maybe—but it's expensive, slow, stressful, and far from guaranteed.

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to apply to court for "reasonable financial provision" from a deceased person's estate if they believe the will (or intestacy distribution) doesn't provide adequately for them.

Unmarried partners can apply if:

  • You lived with the deceased in the same household for at least two years immediately before their death, OR
  • You were financially dependent on the deceased

But there are critical limitations you need to understand.

It's not automatic—you must go to court. You can't simply claim the money. You must make a formal application to the court, provide extensive evidence about your relationship and financial circumstances, and convince a judge that you deserve provision from the estate.

It's expensive. Legal fees for Inheritance Act claims typically range from £10,000 to £50,000, depending on the complexity of your case and whether the deceased's family contests your claim. You usually have to pay these fees upfront, hoping to recover them from the estate if you win.

It's slow. These cases typically take 12 to 18 months to resolve. During that time, you're grieving, dealing with practical matters, and waiting for financial security—all while paying legal bills and living expenses.

The standard is limited. The court can only award you "reasonable financial provision for your maintenance"—a lower standard than what a spouse would receive. The court isn't trying to give you what your partner would have wanted you to have; it's only ensuring you have reasonable maintenance.

The outcome is uncertain. The court considers multiple factors, including:

  • The length of your relationship
  • Your financial needs and resources
  • The deceased's obligations to others (children, ex-spouses)
  • Your age and health
  • Your contributions to the household
  • Your financial dependency

None of these factors guarantees success. You might spend £30,000 in legal fees and receive nothing.

Let's look at what this looks like in practice:

Rachel's Story:

Rachel, 41, had lived with her partner Michael for eight years when he died from cancer. They'd raised her teenage daughter together (from Rachel's previous relationship), and Michael had been a loving stepfather.

Michael's £320,000 estate went to his adult son from his first marriage under intestacy law.

Rachel applied under the Inheritance Act. She spent £28,000 in legal fees over 14 months. She had to provide bank statements, employment records, evidence of household expenses, and witness testimony about her relationship with Michael.

Michael's son contested the claim, arguing that Rachel earned a decent salary and didn't need financial provision.

The court eventually awarded Rachel £75,000—far less than the £270,000 she would have received if they'd been married. After legal fees, she received £47,000 from Michael's £320,000 estate.

Michael's son received £245,000.

The Comparison:

Let's contrast the Inheritance Act route with having a will:

Inheritance Act Claim:

  • Time: 12-18 months of uncertainty and stress
  • Cost: £10,000-£50,000 in legal fees
  • Outcome: Uncertain—you might receive something, you might receive nothing
  • Family conflict: Almost guaranteed—you'll likely be fighting your deceased partner's family
  • Standard: Limited to "maintenance," not full inheritance rights
  • Emotional toll: Enormous—fighting for money while grieving

Having a Will:

  • Time: Immediate—estate distribution happens as soon as probate is granted
  • Cost: £0 additional costs (just normal probate fees)
  • Outcome: Certain—you receive exactly what your partner intended
  • Family conflict: Minimized—your partner's wishes are clear and legally binding
  • Standard: Whatever your partner wanted you to have
  • Emotional toll: Reduced—no need to fight for what should be yours

The Law Society estimates that over 1 million unmarried couples would face this situation if their partner died tomorrow. Most don't have £30,000 to spend on a court battle while grieving.

The Inheritance Act exists because Parliament recognized that intestacy rules can create injustice. But it's meant as a safety net for extreme cases—not as a substitute for proper planning.

Don't gamble your partner's future on an expensive, uncertain court battle. A £99.99 will created in 15 minutes gives you certainty, security, and peace of mind.

Property Ownership: Joint Tenants vs Tenants in Common

Before we discuss what to include in your will, there's one critical issue that catches countless unmarried couples out: how you own property together.

In England and Wales, there are two ways to own property jointly—and most couples have no idea which type they are or why it matters.

Joint Tenants:

When you own property as joint tenants, you both own 100% of the property together. You can't leave your share to anyone in your will because you don't have a distinct "share"—you own the whole property jointly.

If one of you dies, the property automatically passes to the survivor through a legal principle called "right of survivorship." This happens outside of your estate, which means it's not affected by intestacy rules and doesn't even need to go through probate.

For unmarried couples, joint tenancy is usually the safer option.

Tenants in Common:

When you own property as tenants in common, you each own a specific share—often 50-50, but it could be 60-40, 70-30, or any other split. Each person can leave their share to whoever they want in their will.

If one of you dies without a will, that person's share passes according to intestacy rules—which means it goes to children, parents, or siblings, NOT automatically to you.

For unmarried couples, tenants in common ownership is dangerous without a will.

Here's a comparison table:

Joint Tenants Tenants in Common
Own property together as one unit Each owns a specific percentage share
Can't leave your share in your will Can leave your share to anyone in your will
Automatically passes to survivor Share passes via will or intestacy
Good protection for unmarried partners Dangerous without will
Not affected by intestacy rules Subject to intestacy rules if no will

Real-World Examples:

Marcus and Tara—Joint Tenants (Protected):

Marcus and Tara owned their £350,000 flat in Leeds as joint tenants. When Marcus died suddenly at age 39, Tara automatically owned the entire flat. No probate was needed for the property. No intestacy rules applied. Marcus's parents had no claim to it.

This was the one financial bright spot during an otherwise devastating time.

Zoe and Ben—Tenants in Common WITHOUT Will (Disaster):

Zoe and Ben owned their £420,000 house in Cambridge as tenants in common, 50-50. Their solicitor had recommended this structure during the purchase, though neither really understood why.

When Ben died in a motorcycle accident at age 35, his £210,000 share went to his mother under intestacy law.

Zoe couldn't afford to buy out Ben's mother (where would she find £210,000?). She couldn't get a mortgage large enough (lending criteria were strict). She had to sell the house they'd renovated together and split the proceeds with Ben's mother.

Zoe received £210,000 for her share but lost the home they'd made together. She moved to a rented flat, having lost her partner and her home within six months.

Ahmed and Liz—Tenants in Common WITH Will (Protected):

Ahmed and Liz owned their £380,000 house in Birmingham as tenants in common, 50-50. But Ahmed's will left his share to Liz.

When Ahmed died from COVID-19 in 2021, Liz inherited his £190,000 share and owned the entire house. The will meant Ahmed's wishes were followed, and Liz kept the home they'd shared.

How to Check Your Property Ownership Type:

Most couples don't know which type of ownership they have. Here's how to find out:

  1. Check your title deeds from when you bought the property. Look for the words "joint tenants" or "tenants in common." If you have the original purchase documents, this should be stated clearly.

  2. Search the Land Registry for £3. Go to gov.uk/government/organisations/land-registry and search for your property. The official register will show your ownership type.

  3. Ask your mortgage lender. They have records of your ownership structure and can confirm which type you are.

  4. Contact the solicitor who handled your property purchase. They'll have records in their files.

Urgent Action Point:

If you discover you own your property as tenants in common and you don't have a will, your partner could lose your home when you die.

Check your ownership type TODAY. If you're tenants in common, create wills IMMEDIATELY that leave your share to each other.

This single action could save your partner from losing the home you've built together.

What Unmarried Couples Must Include in Their Wills

Now you understand the risks. Let's talk about the solution.

Unmarried couples need to be more thorough in their wills than married couples because you don't have the automatic legal protections that marriage provides. Your will needs to explicitly address everything that would be automatic in a marriage.

Here's what you must include:

1. Name Your Partner as Primary Beneficiary

This sounds obvious, but you'd be surprised how many people make vague statements like "I leave everything to my family" without naming their partner specifically.

Be clear and explicit:

  • "I leave my entire estate to [partner's full legal name], currently residing at [address]."
  • Specify what they inherit: property share, savings, possessions, investments, everything.
  • Use your partner's full legal name exactly as it appears on their identification.

Don't assume anything is automatic—state it explicitly in your will.

2. Address Your Property Share Explicitly

If you own property as joint tenants, it will pass automatically, but your will should address your other assets.

If you own property as tenants in common, your will MUST state what happens to your share:

  • "I leave my 50% share of the property at [full address] to [partner's name]."

Consider whether you want your partner to inherit outright or have a "life interest" (they can live there for life, then it passes to others, typically children). Life interest can be useful for blended families.

3. Appoint Guardians for Children (CRITICAL)

This is especially important for unmarried parents because legal rights aren't automatic.

If you're an unmarried mother, you automatically have parental responsibility. But unmarried fathers only have parental responsibility if:

  • They're named on the birth certificate (for children born after December 2003), OR
  • They've obtained a parental responsibility agreement or court order

Even if both parents have parental responsibility, your will should name guardians in case both parents die:

  • "I appoint [partner's name] as guardian of [child's name]."
  • "If [partner] is unable or unwilling to act as guardian, I appoint [backup guardian's name]."

Choose backup guardians. What if your partner can't serve? What if you both die together?

4. Specify Who Inherits if Your Partner Dies First

Address the possibility that your partner dies before you or at the same time (in an accident, for example):

  • "If [partner's name] does not survive me by 30 days, I leave my estate to backup [beneficiaries]."

Common backup beneficiaries:

  • Children (split equally or in specific shares)
  • Siblings
  • Parents
  • Nieces and nephews
  • Charity

5. Name an Executor You Both Trust

Your executor handles the practical and legal work of administering your estate:

  • Applying for probate
  • Gathering and valuing assets
  • Paying debts and taxes
  • Distributing the estate according to your will

You can name your partner as executor, but also name a backup:

  • "I appoint [partner's name] as my executor. If [partner] is unable or unwilling to act, I appoint [backup executor's name]."

Choose someone organized, trustworthy, and willing to take on the responsibility. Your executor can also be a beneficiary—that's perfectly legal and common.

6. Address Pensions and Life Insurance Separately

Here's something many people don't realize: your will doesn't control who inherits your pension or life insurance.

These assets are distributed according to the beneficiary forms you filled out with your pension provider and insurance company. If you named someone (or selected "my estate") years ago and never updated it, that's who'll receive the money—regardless of what your will says.

Action required:

  • Contact your pension provider and update your beneficiary designation to name your partner
  • Contact your life insurance company and update your beneficiary to name your partner
  • Check workplace pensions and life insurance—many people forget these exist
  • Note in your will: "My pension and life insurance are subject to separate beneficiary designations with [provider names]"

This is crucial. Otherwise, your partner could inherit your estate but receive nothing from your £100,000 life insurance policy because you checked "my estate" on a form years ago.

7. Include Specific Gifts

If you want certain items to go to specific people, state this explicitly:

  • "I leave my grandmother's engagement ring to [niece's name]."
  • "I leave my vinyl record collection to [friend's name]."
  • "I leave £5,000 to my sister [full name]."

Then include a residuary clause for everything else:

  • "I leave the rest and remainder of my estate to [partner's name]."

The residuary clause ensures that anything you haven't specifically mentioned still goes to your chosen beneficiary.

8. Address Shared Debts and Assets

Joint bank accounts typically pass automatically to the surviving account holder, but you should note them in your will.

Joint debts (mortgage, loans) remain the responsibility of the surviving joint borrower. Your will should address how these should be handled:

  • "Any outstanding mortgage on our jointly owned property should be paid from my estate before distribution."

Shared possessions should be addressed:

  • "All household contents at [address] pass to [partner's name]."

Special Considerations for Unmarried Couples:

If you have children from previous relationships:

You need to balance your partner's needs with your children's inheritance. Options include:

  • Life interest in property (partner can live there, but children inherit after partner's death)
  • Specific percentage splits: "40% to [partner], 30% to [child 1], 30% to [child 2]"
  • Partner inherits initially, then estate passes to children after partner's death

If you're in business together:

Your will should address your business share, but this is complex. Consider:

  • Buy-sell agreements separate from your will
  • Business succession planning
  • Whether your partner should inherit your share or whether it should be sold

For complex business situations, speak to a solicitor specializing in business succession.

The Bottom Line:

The more complex your situation—children from previous relationships, significant assets, business ownership, blended families—the more important your will becomes.

WUHLD's guided process walks you through all of these decisions in plain English, asking simple questions and translating your answers into proper legal language. You don't need to be a legal expert—you just need 15 minutes and £99.99.

Inheritance Tax: The Extra Penalty for Unmarried Couples

As if intestacy rules weren't bad enough, unmarried couples face another financial penalty: inheritance tax.

Married couples and civil partners have unlimited spousal exemption for inheritance tax. A married person can leave £10 million to their spouse and pay zero inheritance tax.

Unmarried partners have no such exemption.

Here's how inheritance tax works in the UK:

The standard rate is 40% on estates over £325,000 (the "nil-rate band"). If your estate is worth more than £325,000, everything above that threshold is taxed at 40%.

If you're leaving your home to children or grandchildren, you get an additional residence nil-rate band of £175,000, making your total tax-free threshold £500,000.

But none of this helps your unmarried partner.

Let's look at real examples:

Example 1: £500,000 Estate

Married couple:

  • Estate value: £500,000
  • Spousal exemption: Unlimited
  • Inheritance tax: £0
  • Partner receives: £500,000

Unmarried couple:

  • Estate value: £500,000
  • Nil-rate band: £325,000
  • Taxable amount: £175,000
  • Tax at 40%: £70,000
  • Partner receives: £430,000

Your unmarried partner pays £70,000 that a spouse would not pay.

Example 2: £650,000 Estate (Including Home Left to Children)

Married couple:

  • Estate value: £650,000
  • Spousal exemption: Unlimited
  • Inheritance tax: £0
  • Partner receives: £650,000

Unmarried couple:

  • Estate value: £650,000
  • Nil-rate band: £325,000
  • Residence nil-rate band: £175,000 (if home left to children)
  • Total tax-free: £500,000
  • Taxable amount: £150,000
  • Tax at 40%: £60,000
  • Partner receives: £590,000

Your partner pays £60,000 that a spouse wouldn't pay.

Example 3: £900,000 Estate

Married couple:

  • Estate value: £900,000
  • Spousal exemption: Unlimited
  • Inheritance tax on first death: £0
  • Partner receives: £900,000
  • (Tax may be due on second death, but first spouse pays nothing)

Unmarried couple:

  • Estate value: £900,000
  • Nil-rate band: £325,000
  • Taxable amount: £575,000
  • Tax at 40%: £230,000
  • Partner receives: £670,000

Your unmarried partner loses £230,000 to tax.

The Real-World Impact:

Imagine your estate consists primarily of your home, worth £500,000. Your unmarried partner inherits it (because you had the foresight to make a will).

But they also inherit a £70,000 tax bill that must be paid within six months.

If your partner doesn't have £70,000 in savings (and most people don't), they may have to sell the home you shared just to pay the inheritance tax bill.

This is exactly what happened to Claire after her partner Andrew died. Their £520,000 house was their main asset. Claire inherited it according to Andrew's will, but the £78,000 inheritance tax bill forced her to sell. She couldn't remortgage (banks wouldn't lend enough), and she couldn't pay the tax from savings (they didn't have £78,000 lying around).

She lost the home they'd lived in for 12 years because of a tax bill that wouldn't have existed if they'd been married.

Basic Tax Mitigation Strategies:

While your will can't eliminate inheritance tax for unmarried partners, there are strategies that can help:

Life insurance written in trust:

  • Take out a life insurance policy for the amount of expected tax (e.g., £70,000)
  • Write it in trust so the payout doesn't form part of your estate
  • The insurance money is available immediately to pay the tax bill
  • Protects your partner from having to sell assets

Lifetime gifts:

  • Gifts made more than seven years before death are tax-free
  • Consider gifting assets during your lifetime
  • But you need to survive seven years for the gift to be fully tax-free

Trusts:

  • Complex structures that can reduce tax liability
  • Expensive to set up and maintain
  • Requires specialist solicitor advice
  • Generally only worthwhile for estates over £1 million

Important caveat:

None of these tax mitigation strategies work without a will. You must first ensure your partner inherits at all before worrying about reducing the tax bill.

Step one: Make a will that leaves your estate to your partner.

Step two: If your estate exceeds £325,000, speak to a tax advisor or financial planner about inheritance tax mitigation.

The inheritance tax penalty is another reason unmarried couples can't afford to put off making wills. The combination of intestacy rules and inheritance tax can devastate your partner financially.

Protect them. Make a will today.

How to Create a Will That Protects Your Partner Today

You now understand the risks unmarried couples face. You know what you need to include in your will. The only question left is: how do you actually create this will?

Let's address the common objections first:

"We're young and healthy—we have time."

James was 34 when he died in a cycling accident. Emma thought they had time too. Six percent of deaths in the UK occur in people under 45.

The average life expectancy is 81, but accidents, illnesses, and unexpected events don't wait for you to feel ready. No one plans to die young—that's exactly why you need a will now.

"It's too expensive."

Solicitor wills typically cost £650 or more—often £1,300 for couples who each need individual wills.

WUHLD costs £99.99 for a complete, legally binding will. That's 85% less than a solicitor—less than a tank of petrol or a meal out for two.

Your partner's financial security is worth £99.99.

"It's too complicated—I don't know what to include."

That's what WUHLD's guided process is for. We ask you simple questions in plain English:

  • "Who do you want to inherit your estate?"
  • "Do you have children who need guardians?"
  • "Do you own property?"

You answer the questions. We translate your answers into proper legal language that meets all requirements of the Wills Act 1837.

You don't need legal expertise. You just need 15 minutes and honest answers about your wishes.

"I'll do it next month when I'm less busy."

Next month becomes next year. Next year becomes never.

It takes 15 minutes today. Right now. Between reading this article and your next task, you could have a legally binding will that protects your partner for life.

Your partner's future is worth 15 minutes.

"Are online wills legally valid?"

Yes—if they meet the legal requirements set out in the Wills Act 1837:

  • In writing
  • Signed by you
  • Witnessed by two independent witnesses who watch you sign

WUHLD's wills meet all these requirements. You'll receive a Witness Guide that walks you through proper execution step-by-step, ensuring your will is legally valid.

Online wills aren't "second-class" wills. They're just as legally binding as solicitor-drafted wills—they just cost £550 less.

The WUHLD Solution:

Creating a will that protects your unmarried partner takes just 15 minutes online with WUHLD.

For £99.99 (vs £650+ for a solicitor), you get:

  • Your complete, legally binding will that meets all UK legal requirements
  • A 12-page Testator Guide explaining every section and how to execute your will properly
  • A Witness Guide you give to your witnesses to ensure proper execution
  • A Complete Asset Inventory document to help you organize information about your estate

You can preview your entire will free before paying anything. No credit card required. No commitment. See exactly what you're getting before you spend a penny.

What sets WUHLD apart:

Designed for UK law: Not generic templates adapted from US law or other jurisdictions. Built specifically for England and Wales.

Guided process: We ask questions, you provide answers. We handle the legal language.

Plain English: No legal jargon. Everything explained clearly.

Fast: 15 minutes from start to finish. No appointments, no waiting weeks for solicitor availability.

Affordable: £99.99 one-time payment. No subscriptions. No hidden fees. No additional charges.

Transparent: Preview your complete will free. See everything before paying.

Step-by-Step Action Plan:

Here's exactly what to do right now to protect your partner:

Step 1: Check your property ownership type (5 minutes)

  • Search Land Registry for £3 at gov.uk/search-property-information-land-registry
  • Or check your original purchase documents for "joint tenants" or "tenants in common"
  • If tenants in common without wills, this is URGENT

Step 2: Gather key information (10 minutes)

  • Partner's full legal name and address
  • Children's names and birthdates (if applicable)
  • Guardian choices for children
  • Executor choice (who will handle your estate administration)
  • Rough asset list (property, savings, pensions—don't need exact values)

Step 3: Create your will (15 minutes)

  • Go to wuhld.com
  • Answer guided questions about your family and wishes
  • Preview your complete will free—no payment required yet
  • Once you're satisfied, pay £99.99 and download your will

Step 4: Update pension and life insurance beneficiaries (20 minutes)

  • Contact pension provider (including workplace pensions)
  • Contact life insurance provider
  • Update beneficiary designations to name your partner
  • These aren't controlled by your will—you must update them separately

Step 5: Execute your will properly (15 minutes)

  • Print two copies of your will (keep one, give one to executor)
  • Sign in the presence of two independent witnesses (not beneficiaries, not their spouses)
  • Witnesses must watch you sign and then sign themselves
  • Follow the Witness Guide provided by WUHLD

Step 6: Store safely and inform key people (5 minutes)

  • Keep original in safe place (fireproof safe, solicitor, bank safety deposit box)
  • Tell your partner and executor where it's stored
  • Give executor contact details for your pension providers and life insurance

Total time: About 70 minutes to completely protect your partner.

The Urgency You Can't Ignore:

Over 1 million UK couples would inherit nothing if their partner died tomorrow.

68% don't even realize they're at risk.

Emma lost her home because James kept putting off making a will.

Janet lost her financial independence after 18 years together because David thought they had time.

Claire lost the business she'd built for eight years because Thomas died without a will.

Don't let your partner become another statistic.

You're reading this article, which means you already know there's a problem. You already understand the risk. You already recognize that you need to act.

The difference between the couples who protect each other and the couples who don't isn't knowledge—it's action.

Take 15 minutes today. Create your will. Protect the person you love.

They're worth it.

Preview Your Will Free – No Payment Required

Frequently Asked Questions

Do unmarried couples automatically inherit from each other in the UK?

No. Under UK intestacy law, unmarried partners have no automatic right to inherit from each other, regardless of how long they've lived together. If your partner dies without a will, their entire estate goes to children, parents, or siblings—you could inherit nothing, even if you own a home together.

Is common law marriage recognized in the UK?

No. Common law marriage does not exist in England and Wales, despite 46% of adults believing it does. Living together for any length of time—even decades—does not grant you the same legal rights as married couples or civil partners.

Can I make a claim on my unmarried partner's estate if they die without a will?

Possibly, but it's not guaranteed. Under the Inheritance (Provision for Family and Dependants) Act 1975, you may claim if you lived together for at least 2 years or were financially dependent. However, the process is expensive (£10,000-£50,000 in legal fees), stressful, and has no guaranteed outcome—far riskier than simply making a will.

What happens to our jointly owned property if my unmarried partner dies?

It depends on how you own it. If you own as 'joint tenants', the property automatically passes to you. If you own as 'tenants in common', your partner's share goes according to their will or intestacy rules—not automatically to you. Check your property deeds to confirm which type you are.

How much does a will cost for unmarried couples in the UK?

A solicitor-drafted will typically costs £650 or more—often £1,300 for couples who each need wills. Online services like WUHLD cost £99.99 for a complete, legally valid will with supporting guides. You can preview your entire will free before paying anything—essential protection for unmarried couples who can't afford expensive solicitor fees.

What should unmarried couples include in their wills?

Your will should name your partner as a beneficiary, specify who inherits your share of jointly owned property, appoint guardians for any children (your partner doesn't automatically have parental responsibility unless named on the birth certificate or has obtained it legally), and address any shared assets like savings or pensions. The more complex your situation, the more important these details become.

Do unmarried couples pay inheritance tax on what they inherit from each other?

Yes. Unlike married couples who have unlimited inheritance tax exemption, unmarried partners pay 40% tax on estates over £325,000. This can force the sale of a family home to pay the tax bill. Proper estate planning with a will ensures your partner inherits, but it doesn't eliminate the tax—you may need life insurance or other strategies to cover the tax liability.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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