What Happens to Pensions When an Unmarried Partner Dies?

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

Rachel thought living with Tom for nine years meant she'd be protected. When Tom died suddenly from a heart attack at 44, his £180,000 workplace pension should have provided security for their future together.

Instead, Rachel discovered she had no automatic right to any of it.

While married widows receive survivor pensions immediately, Rachel spent eight months providing bank statements, utility bills, and tenancy agreements to prove she'd been financially dependent on Tom. The pension trustees scrutinized every detail of their relationship while Rachel grieved and struggled to pay the mortgage alone.

This is the harsh reality for Britain's 3.5 million cohabiting couples: when it comes to pensions, you have fewer rights than married couples—unless you take specific steps to protect each other. This guide will show you exactly what happens to pensions when an unmarried partner dies, and more importantly, how to make sure your partner is protected.

The Hard Truth: Unmarried Partners Have No Automatic Pension Rights
State Pension: Why You Can't Inherit Anything
Workplace Pensions: Your Rights Depend on the Scheme Rules
Private Pensions: What Happens to SIPPs and Personal Pensions?
Expression of Wish Forms: Your Most Important Document
Proving Financial Dependency: What Trustees Want to See
Tax Implications: How Unmarried Partners Are Treated Differently
What to Do Now to Protect Your Partner
How Making a Will Works with Pension Planning
Frequently Asked Questions
Conclusion

The Hard Truth: Unmarried Partners Have No Automatic Pension Rights

The myth of "common law marriage" has left millions of couples vulnerable. Living together for 5, 10, or even 20 years gives you exactly zero automatic pension rights in the UK. You're treated completely differently from married couples.

According to the ONS (2024), 3.5 million UK families are cohabiting couples—that's 17.7% of all families, up from 16.4% in 2014. Most believe they have some legal protections simply by living together. They don't.

When it comes to pensions, the law treats you as strangers unless you've taken specific action.

State Pension cannot be inherited by unmarried partners. Workplace and private pensions treat unmarried partners as "optional" beneficiaries, not automatic ones. Whether you receive anything depends entirely on pension scheme rules, trustee discretion, and your ability to prove financial dependency.

Emma, 38, discovered this when her partner of 12 years died unexpectedly. His NHS pension wouldn't pay survivor benefits because he'd never completed a nomination form. The scheme had no record of Emma's existence. She received nothing from his pension despite raising their two children together and sharing all household expenses.

Compare this to married couples. Sarah's husband died after just 3 years of marriage. She received his workplace survivor pension automatically within weeks—no forms, no proof, no delays. The difference? A marriage certificate.

The 2017 Supreme Court case of Denise Brewster improved rights for some cohabitees. Brewster lived with her partner Lenny McMullan for 10 years and was engaged to marry him when he died suddenly at 43. His Northern Ireland Local Government Pension Scheme refused to pay survivor benefits because he hadn't completed a nomination form—despite the couple meeting all other eligibility criteria.

The Supreme Court ruled this was discriminatory. Many public sector schemes subsequently removed the mandatory nomination requirement. But this doesn't mean unmarried partners now have automatic rights. You still need to prove financial dependency for at least two years, and pension trustees retain discretion over who receives benefits.

State Pension: Why You Can't Inherit Anything

State Pension inheritance rules are absolute: only married couples and civil partners can inherit when their spouse or partner dies. Full stop.

No exceptions exist for long-term cohabiting relationships.

Under the old State Pension system (for people who reached State Pension age before 6 April 2016), married widows and widowers could inherit a portion of their deceased spouse's Additional State Pension. Under the new State Pension system (for those reaching State Pension age after 6 April 2016), inheritance rights still exist for surviving spouses and civil partners who have deferred claiming their own State Pension.

The full State Pension is currently £230.25 per week (2025-26 rate)—that's £11,973 per year. If your unmarried partner dies, you inherit none of it. That loss compounds over 20 or 30 years of retirement.

David, 68, and Susan, 66, lived together for 15 years. When David died with unclaimed State Pension entitlement, Susan received nothing. She watched her income drop by almost £12,000 per year at the exact moment her living costs increased due to bereavement.

Contrast this with Michael and Helen, married just 5 years. When Michael died, Helen could inherit a portion of his State Pension under certain circumstances—protections unavailable to Susan despite her much longer relationship.

The government doesn't recognize cohabitation for State Pension purposes because marriage and civil partnership are formal legal statuses. Living together, regardless of duration, creates no legal bond in the eyes of the State Pension system.

This isn't going to change. State Pension inheritance remains strictly limited to legally recognized relationships.

Workplace Pensions: Your Rights Depend on the Scheme Rules

Workplace pensions operate differently from State Pension—but that doesn't mean unmarried partners have it easy. Your rights depend entirely on your specific scheme rules, and they vary dramatically.

Defined Benefit (DB) schemes and Defined Contribution (DC) schemes handle death benefits differently.

Defined Benefit schemes—which promise a specific income in retirement based on your salary and years of service—historically excluded cohabiting partners entirely. Many now include them, but with strict conditions. You'll typically need to prove you lived together for at least two years before death and were financially dependent or interdependent.

Defined Contribution schemes—where you build a pension pot through contributions that are invested—often give trustees more flexibility. But this cuts both ways. Trustees have discretion to pay anyone, which means they also have discretion to refuse.

Most schemes require you to meet specific eligibility criteria. These typically include living together as if married for at least two years immediately before death, being free to marry or enter a civil partnership (neither of you is married to someone else), and demonstrating financial dependency or interdependency.

What does "financial dependency or interdependency" actually mean? We'll cover this in detail later, but briefly: trustees want evidence you shared financial lives. Joint bank accounts, shared bills, a mortgage in both names, or evidence one partner financially supported the other.

Even with completed expression of wish forms, trustees retain discretion. The form tells them your wishes, but it's not legally binding. They can—and sometimes do—decide to distribute death benefits differently if they believe it's in the best interests of all potential beneficiaries.

James works for his local council and is a member of the Local Government Pension Scheme (LGPS). His cohabiting partner would be eligible for survivor benefits if they've lived together for at least two years and can prove financial interdependency. But without completing the nomination process and organizing evidence, his partner faces months of uncertainty.

Sofia works for a private company with a Defined Contribution workplace pension. Her partner Marc isn't guaranteed anything. Trustees have full discretion. Without a clear expression of wish form naming Marc and evidence of their financial interdependency, the pension could go to Sofia's estranged parents—the default beneficiaries under intestacy-style rules many schemes follow.

Here's how different pension types compare for unmarried partners:

Pension Type	Automatic Rights?	Nomination Required?	Eligibility Criteria
State Pension	No	N/A	Must be married/civil partner
DB Workplace	No	Recommended	2+ years cohabitation + financial dependency
DC Workplace	No	Yes (highly recommended)	Varies by scheme
Private Pension	No	Yes (essential)	Trustee discretion

The post-Brewster landscape means some public sector schemes no longer make survivor benefits conditional on completing a nomination form. But you still need to prove eligibility. Better to complete the form anyway—it makes the process smoother for your partner during an already difficult time.

Private Pensions: What Happens to SIPPs and Personal Pensions?

Private pensions—including Self-Invested Personal Pensions (SIPPs), personal pensions, and stakeholder pensions—generally offer the most flexibility for naming beneficiaries. But flexibility doesn't mean automatic rights.

Pension funds from private arrangements typically remain outside your estate, meaning they don't go through probate. Instead, pension trustees decide who receives the death benefits. This is where expression of wish forms become critical.

Without a completed expression of wish form, trustees have complete discretion. They might pay your unmarried partner. They might decide your children should receive everything. They might even distribute benefits to your parents or siblings if they believe that's appropriate.

Tax treatment depends on your age at death. If you die before age 75, your entire pension pot can pass to beneficiaries tax-free (within the Lump Sum and Death Benefit Allowance of £1,073,100). If you die after age 75, beneficiaries pay income tax on any withdrawals at their marginal rate.

Olivia has a £220,000 SIPP and names her partner Ben on her expression of wish form. She dies at 68 (before 75). Ben receives the entire £220,000 tax-free. He can take it as a lump sum, drawdown over time, or purchase an annuity. The key: Olivia completed the form.

Now imagine Olivia dies at 76 (after 75). Ben still receives the pension, but he'll pay income tax on withdrawals at his marginal rate. If Ben is a higher-rate taxpayer earning £60,000, he'll pay 40% tax on any amount withdrawn above the higher-rate threshold.

Compare this to Alex, who has a £300,000 SIPP but never completed an expression of wish form. When Alex dies, trustees must decide between his partner of 8 years and his two adult children from a previous marriage. Without clear instructions, this could trigger a dispute that takes months to resolve—or even end up in court.

The Lump Sum and Death Benefit Allowance (LSDBA) is £1,073,100 from April 2024. This replaced the old Lifetime Allowance. If your pension death benefits exceed this amount, the excess may face additional tax charges—regardless of who receives it.

But here's the critical tax difference for unmarried partners: from April 2027, unused pension funds will be included in your estate for Inheritance Tax purposes. Currently, pensions pass outside the estate, but this is changing.

For married couples, this doesn't matter much—spouse exemption means no Inheritance Tax anyway. For unmarried partners, this could mean a 40% tax bill on pension amounts over the £325,000 nil-rate band.

Expression of Wish Forms: Your Most Important Document

An expression of wish form—also called a nomination form or beneficiary designation form—is the single most important document for protecting your unmarried partner's pension rights.

This form tells your pension provider who you want to receive your pension when you die. You list beneficiaries by name, specify percentages (they must total 100%), and provide their contact details.

Why isn't it legally binding? Pensions are held in trust, and trustees retain a legal duty to consider all potential dependents when distributing death benefits. They can't simply follow your wishes if doing so would be inappropriate—for example, if you named someone who isn't actually dependent on you, or if your circumstances changed dramatically since completing the form.

In practice, though, trustees follow expression of wish forms in the vast majority of cases. If you've clearly named your unmarried partner, kept the form updated, and your partner meets eligibility criteria, trustees will almost always distribute benefits according to your wishes.

Without this form, you leave everything to chance.

Grace completes an expression of wish form for her £150,000 workplace pension, naming her partner Daniel to receive 70% and her sister to receive 30%. When Grace dies, trustees know exactly what she wanted. They verify Daniel meets eligibility criteria (they've lived together 4 years, have joint bank accounts and a mortgage), then pay benefits accordingly. The process takes 6 weeks.

Marcus forgets to update his expression of wish form after splitting from his ex-partner Emma five years ago. When Marcus dies, the outdated form still names Emma. Trustees contact Emma, discover she and Marcus separated years ago, then must investigate who Marcus's actual dependents are. This delays everything by months. Eventually, benefits go to Marcus's current partner—but only after considerable stress and legal costs.

The 2017 Brewster case removed the mandatory nomination requirement for many public sector pension schemes. HM Treasury instructed schemes to reconsider cases previously refused solely due to lack of nomination form. But this doesn't mean you should skip completing one.

Even though it's not mandatory for some schemes, completing an expression of wish form makes the process dramatically easier for your surviving partner. Without it, they'll need to prove the relationship existed, gather evidence of financial dependency, and wait while trustees investigate. With it, the path is clear.

Here's how to complete an expression of wish form properly:

Contact each pension provider (workplace pensions, private pensions, SIPPs) and request their expression of wish form
List all beneficiaries with full legal names and their relationship to you
Specify percentages for each beneficiary (must total 100%)
Include your partner's current address and contact details
Sign, date, and return the completed form to your pension provider
Keep a copy for your records and tell your partner where it's stored
Review annually or whenever circumstances change (new partner, breakup, children born)

You can name multiple beneficiaries. Many people name their partner for the majority (60-80%) and children or siblings for the remainder. The key is clarity about your intentions.

Keep these forms updated. Life changes—relationships end, new partners arrive, children are born. An outdated form can send death benefits to the wrong person. Set an annual reminder (your birthday works well) to review all pension nominations.

Proving Financial Dependency: What Trustees Want to See

For most workplace pensions, you'll need to prove financial dependency or interdependency to qualify for survivor benefits as an unmarried partner. Even with a completed expression of wish form, trustees will ask for evidence.

Financial dependency means you relied on your partner for financial support. Interdependency means you both relied on each other financially and managed finances together.

Most schemes require this dependency to have existed for at least two years immediately before death. You can't suddenly move in together three months before someone dies and claim survivor benefits.

What evidence do trustees want? They're looking for proof you shared financial lives, not just an address.

Joint bank accounts showing both partners' salaries deposited and shared expenses paid. Trustees want to see financial integration, not just two separate accounts at the same address.

Shared housing costs are critical. A joint mortgage deed or joint tenancy agreement (covering at least 2 years) shows you built a life together. If only one partner owned the property, evidence of the other partner contributing to mortgage payments or rent helps.

Joint utility bills in both names (council tax, gas, electric, water) demonstrate shared household responsibility. Bills in just one name are weaker evidence but can still support your case if explained properly.

Life insurance policies naming each other as beneficiaries show you considered each other financial dependents. Wills naming each other (even if pensions pass outside the estate) provide supporting evidence.

If you have children together, their birth certificates prove the relationship and suggest financial interdependency.

Laura successfully claimed her partner's workplace pension survivor benefits. Her evidence package included a joint mortgage covering 3 years, joint council tax bills, a joint current account showing both salaries and shared expenses, and life insurance policies naming each other. Trustees approved her claim within 8 weeks.

Paul's claim was rejected. He and his partner lived together for 4 years, but kept finances completely separate. Separate bank accounts, rent paid separately (split via bank transfer each month), bills in just one name. Paul couldn't demonstrate financial dependency or interdependency. The pension went to Paul's partner's adult children instead.

Here's a documentation checklist to organize now:

Joint tenancy agreement or mortgage deed covering 2+ years
Joint utility bills (council tax, gas, electric, water)
Joint bank account statements showing shared finances
Evidence of financial support (bank transfers, shared childcare costs)
Life insurance policies naming each other
Wills naming each other
Birth certificates of joint children
Letters from HMRC, DVLA, or other authorities showing shared address
Financial statements showing joint debts or investments

Don't wait until after death to organize this evidence. Gather it now, while you're both alive and can easily access documents. Store copies in a fireproof safe or secure cloud storage. Tell your partner where to find everything.

Remember, trustees are looking at this from a legal perspective. They need evidence that would satisfy a court that genuine financial dependency existed. Weak evidence means delays, stress, and potential rejection.

Tax Implications: How Unmarried Partners Are Treated Differently

This is where unmarried partners face the harshest discrimination: Inheritance Tax.

Income tax on pension withdrawals works the same for married and unmarried partners. If the deceased was under 75, beneficiaries receive pension funds tax-free (within the £1,073,100 Lump Sum and Death Benefit Allowance). If the deceased was 75 or older, beneficiaries pay income tax at their marginal rate on withdrawals.

But Inheritance Tax is completely different.

Married couples and civil partners benefit from spouse exemption. They can inherit unlimited assets from each other with zero Inheritance Tax. A husband can leave his wife a £5 million estate including £2 million in pensions, and she pays no Inheritance Tax at all.

Unmarried partners get no such exemption.

The Inheritance Tax nil-rate band is £325,000. Anything above this threshold faces 40% Inheritance Tax when left to an unmarried partner. If you jointly own property or have significant savings on top of pension death benefits, this adds up fast.

Currently, pension funds remain outside your estate for Inheritance Tax purposes. But from April 2027, unused pensions will be included in estates when calculating Inheritance Tax liability. This changes everything for unmarried couples with substantial pension savings.

Jane and her husband have a combined estate worth £500,000, including £200,000 in pension funds. When Jane dies, her husband inherits everything with zero Inheritance Tax due to spouse exemption.

John and his unmarried partner Sarah have the same £500,000 estate including £200,000 in pensions. From April 2027, Sarah will face Inheritance Tax on the amount over £325,000. Calculation: (£500,000 - £325,000) × 40% = £70,000 Inheritance Tax bill.

That's £70,000 Sarah must find to pay HMRC while grieving John's death—money Jane's husband didn't have to pay purely because of a marriage certificate.

The residence nil-rate band (currently £175,000) can increase the tax-free threshold if you're leaving your home to direct descendants (children or grandchildren). This brings the total potential tax-free amount to £500,000 per person, or £1 million for a married couple. But this only helps if you have children and are leaving them property.

For unmarried couples without children, or where the family home goes to the surviving partner (not children), the £325,000 nil-rate band is all you get.

Here's a comparison of tax treatment:

Tax Type	Married Couples	Unmarried Couples
Spouse IHT exemption	Yes - inherit unlimited tax-free	No - 40% IHT over £325,000
Pension income tax (death under 75)	Tax-free	Tax-free
Pension income tax (death 75+)	Marginal rate income tax	Marginal rate income tax
Estate IHT exemption	Unlimited	None
Transferable nil-rate band	Yes (up to £650,000 combined)	No

Some couples consider trusts to mitigate Inheritance Tax, but trusts add complexity and cost. They're not appropriate for everyone. Speak to a tax specialist or financial adviser if your combined estate exceeds £325,000.

Life insurance written in trust can provide funds to pay Inheritance Tax bills without increasing the estate value. This is particularly valuable for unmarried couples who can't benefit from spouse exemption.

The bottom line: unmarried partners can face six-figure tax bills that married couples avoid entirely. This makes advance planning essential.

What to Do Now to Protect Your Partner

You can't change the law, but you can protect your partner. Here's exactly what to do.

Step 1: Identify all pensions you and your partner hold. This includes State Pension (which can't be nominated, but you should know about it), workplace pensions (current and previous employers), and private pensions or SIPPs. Many people have multiple small pension pots from old jobs they've forgotten about.

Step 2: Contact each pension provider and request expression of wish forms. Email or phone works. Say: "I'd like to complete an expression of wish form to name my unmarried partner as beneficiary. Please send me the current form and confirm any eligibility requirements."

Step 3: Complete and return all forms. Use your partner's full legal name (as it appears on official documents), current address, and relationship to you. Specify percentages clearly. If naming multiple beneficiaries, ensure they total 100%.

Step 4: Organize financial dependency evidence now. Don't wait until after death. Open joint bank accounts if you don't have them. Ensure utility bills show both names. Keep copies of your joint mortgage or tenancy agreement. Document your shared financial life.

Step 5: Make a will that coordinates with pension nominations. Pensions pass outside your estate, but everything else (home, savings, possessions, guardianship of children) goes according to your will or intestacy rules. Unmarried partners inherit nothing under intestacy.

Step 6: Consider life insurance to cover Inheritance Tax. If your combined estate exceeds £325,000, life insurance written in trust can provide funds to pay the tax bill without increasing the taxable estate.

Step 7: Review and update annually. Set a calendar reminder for the same date every year (your birthday or anniversary works well). Review all pension nominations and update if circumstances changed (new job, new address, breakup, children).

Step 8: Tell your partner where documents are kept. The best planning is useless if your partner can't find the evidence when needed. Use a fireproof safe, secure cloud storage, or leave copies with a solicitor.

Step 9: Check your specific pension scheme rules. Each scheme has different eligibility criteria for unmarried partners. Some require 2 years cohabitation, others require evidence of being "free to marry." Phone your scheme administrator and ask specifically about cohabiting partner eligibility.

Kerry and Sam, together 4 years, spent one Saturday completing this process. They identified 6 pension pots between them (3 each from current and previous employers). They downloaded expression of wish forms from pension provider websites, completed them together, and posted them that afternoon.

They opened a joint bank account for household expenses, switched utility bills into both names, and gathered copies of their joint tenancy agreement and council tax bills. They stored everything in a fireproof box under their bed and created a shared password-protected document with all pension provider contact details.

Total time investment: about 3 hours. Result: both partners fully protected.

Before taking action: uncertainty, no clear beneficiaries, no evidence organized, vulnerability.

After taking action: both partners named on all pension expressions of wish, financial dependency evidence documented, peace of mind.

How Making a Will Works with Pension Planning

Pensions and wills work together, but they control different assets.

Pensions typically pass outside your estate, meaning they're not controlled by your will. Expression of wish forms control pensions. Your will controls everything else—your home, savings, possessions, and guardianship of children.

This is why unmarried couples need both.

Tom made a will leaving "everything" to his partner Lucy. He thought this covered him completely. But Tom forgot about his £150,000 workplace pension. With no expression of wish form completed, pension trustees decided the funds should go to Tom's estranged brother (his closest blood relative). Lucy inherited Tom's possessions and savings under the will, but lost £150,000 in pension death benefits.

Compare this to Alison, who completed both an expression of wish form (naming her partner Mark for her pension) and a will (leaving her house, savings, and possessions to Mark). When Alison died, Mark inherited everything. The pension passed according to the expression of wish form, the house and savings passed according to the will. Nothing went to Alison's family despite their attempt to contest.

Common mistakes to avoid:

Assuming your will covers pensions (it doesn't—pensions are held in trust and pass according to trustees' discretion and your expression of wish form).

Naming different beneficiaries in your will versus pension forms. This creates confusion and potential disputes. Keep them consistent unless you have specific reasons to distribute differently.

Making a will but forgetting to update pension nominations after a breakup. If you update your will to remove an ex-partner but leave them named on pension forms, they might still receive your pension.

Completing pension forms but having no will. Under intestacy rules, unmarried partners inherit nothing from the estate. Your partner might get your pension (if nominated) but your house goes to parents or siblings.

Making a will is essential for unmarried couples to work alongside pension nominations. WUHLD makes it simple—create your legally binding will in just 15 minutes online for £99.99 (vs £650+ for a solicitor).

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Your will ensures everything not covered by pension nominations—your home, savings, possessions, guardianship of children—goes to your partner, not your parents or siblings. You can preview everything free before paying anything.

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Frequently Asked Questions

Q: Can an unmarried partner inherit a State Pension?

A: No, unmarried partners cannot inherit State Pension benefits. Only married couples and civil partners can inherit State Pension when their spouse or partner dies. This applies regardless of how long you've lived together.

Q: What is an expression of wish form for pensions?

A: An expression of wish form (also called a nomination form) tells your pension provider who you want to receive your pension when you die. While not legally binding, pension trustees usually follow your wishes. This is crucial for unmarried partners who have no automatic rights.

Q: Do I need to be financially dependent to inherit my partner's pension?

A: For workplace pensions, most schemes require you to prove financial dependency or interdependency with your deceased partner for at least two years before their death. This usually means sharing bills, joint bank accounts, or one partner supporting the other financially.

Q: Will my partner's pension be subject to inheritance tax?

A: Potentially yes. Unlike married couples who benefit from spouse exemption, pensions left to unmarried partners may face 40% inheritance tax on amounts over £325,000. From April 2027, unused pensions will be included in your estate for IHT purposes.

Q: Can I inherit my partner's private pension if we're not married?

A: Possibly, but not automatically. Private and workplace pensions can pay benefits to unmarried partners if you're named as a beneficiary and meet the scheme's criteria (usually financial dependency for 2+ years). Check your partner's scheme rules and ensure they complete an expression of wish form.

Q: What's the difference between nomination forms and expression of wish forms?

A: They're the same thing with different names. Some schemes call it a "nomination form," others an "expression of wish" or "beneficiary designation form." All serve the same purpose: informing pension trustees who should receive death benefits.

Q: What happens if my partner dies without completing an expression of wish form?

A: Without a completed form, pension trustees will decide who receives death benefits at their discretion. You'll need to prove your relationship existed, that you were financially dependent or interdependent, and that you lived together for at least two years. This can be a lengthy and stressful process during bereavement.

Conclusion

Unmarried partners face harsh realities when it comes to pension death benefits:

You have zero automatic rights to State Pension or workplace pension survivor benefits
Expression of wish forms are your most important protection—complete them for every pension you have
Financial dependency evidence is crucial—organize joint bank accounts, bills, and mortgage documents now, not after death
Tax implications are severe: unmarried partners face 40% Inheritance Tax with no spouse exemption, unlike married couples who inherit unlimited amounts tax-free
You need both pension nominations and a will to fully protect your partner—neither alone is sufficient

Rachel spent eight months fighting for Tom's pension while grieving his death—time she should have spent healing, not proving their relationship existed. You can spare your partner that pain. Take one hour this weekend to protect each other properly.

Create your will and protect your partner today. With WUHLD, it takes just 15 minutes online.

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

Your complete, legally binding will
A 12-page Testator Guide
A Witness Guide
A Complete Asset Inventory document

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