Emma and James lived together for 12 years in their Bristol home, raising two children and building a life together. When James died suddenly at 38 in a cycling accident, Emma assumed she would inherit his half of their £340,000 house and his £45,000 savings.
She was wrong.
Under UK intestacy rules, unmarried partners inherit nothing. James's entire estate went to his estranged parents—the same parents he hadn't spoken to in five years. Emma faced eviction from the home she'd helped pay for, with two grieving children and no financial protection.
She's not alone. Of the 3.6 million cohabiting couples in England and Wales, 46% believe they're protected by "common law marriage"—a legal status that doesn't exist. When an unmarried partner dies without a will, their estate bypasses their partner entirely, often with devastating consequences.
This article reveals exactly what happens to unmarried partners under UK intestacy rules, who inherits instead, and how to protect the person you share your life with.
The Harsh Reality: Unmarried Partners Inherit Nothing Under UK Law
Unmarried partners inherit nothing under intestacy rules. Full stop.
No matter how long you've lived together. No matter whether you've raised children together, paid a joint mortgage for decades, or built a business side by side. In the eyes of UK intestacy law, your partner is a legal stranger.
Common law marriage is a myth. There is no such legal status in England and Wales. Living together for any length of time creates zero automatic inheritance rights. Yet 46% of cohabiting couples believe this protection exists—a dangerous misconception that leaves 3.6 million couples vulnerable.
The number of cohabiting couples has increased by 144% from 1.5 million in 1996 to 3.6 million in 2021. Today, 24.3% of couples cohabit rather than marry, up from 20.6% in 2011. These couples face complete exclusion from intestacy protection.
This applies regardless of:
- How long you've been together (whether 2 years or 50 years)
- Whether you have children together
- Whether you've jointly paid a mortgage
- Whether your partner financially depends on you entirely
- Whether you're engaged to be married
The law recognises only married couples and civil partners. Everyone else receives nothing.
The government has consulted on cohabitation reform in 2025, acknowledging the outdated nature of these rules. But consultation isn't law. Until legislation changes, unmarried partners remain completely unprotected.
Who Actually Inherits When an Unmarried Partner Dies Without a Will
When your unmarried partner dies without a will, UK intestacy rules follow a strict hierarchy. Your partner doesn't appear anywhere on this list.
The intestacy hierarchy works like this:
- Children (biological or legally adopted) inherit everything equally
- If no children: Parents inherit the entire estate
- If no parents: Full siblings inherit equally
- If no full siblings: Half-siblings
- If no half-siblings: Grandparents
- If no grandparents: Aunts and uncles
- If no aunts/uncles: Half-aunts and half-uncles
- If no relatives at all: Estate goes to the Crown (bona vacantia)
Notice what's missing? Your partner. The person who shared your life, your home, your bed, your plans for the future.
Scenario: Partner with children from a previous relationship
Sarah and Tom lived together for 9 years. Tom had two adult children from his first marriage, now aged 28 and 31. When Tom died at 58, his £280,000 estate (house equity, savings, pension) went entirely to his adult children under intestacy rules.
Sarah, who had cared for Tom through cancer treatment and contributed to household expenses for nearly a decade, received nothing. Tom's children felt entitled to their inheritance. Sarah couldn't afford to remain in the area and moved away from the life they'd built.
Scenario: Partner with elderly parents
Michael and Lisa, both 42, lived together for 14 years with their 10-year-old daughter. When Michael died, his £340,000 estate went to his 76-year-old mother (his father had died years earlier). His daughter inherited nothing because she was his biological child—but the mother had no legal obligation to provide for Lisa or the child.
Michael's mother, living on a state pension, suddenly inherited a windfall. Lisa lost her partner and faced financial insecurity with a grieving child to support.
Scenario: Partner with estranged siblings
Marcus and Tony lived together for 11 years. Marcus had been estranged from his two brothers for over 15 years following a family dispute. When Marcus died at 45, his £180,000 estate went equally to his brothers under intestacy.
Tony, who had shared Marcus's life and paid half their joint expenses, had to negotiate with family members he'd never met. The brothers refused to voluntarily vary the estate. Tony lost his home and financial security.
The intestacy process typically takes 6-12 months for the Grant of Probate. During this time, bank accounts may be frozen, leaving surviving partners without access to funds even for funeral costs.
Everything in the deceased's sole name falls under intestacy: bank accounts, investments, life insurance paid to the estate, personal possessions, vehicles, jewelry. Your partner has no claim to any of it.
What Happens to Your Shared Home If You're Unmarried
Your shared home could be the biggest casualty of dying without a will. What happens depends entirely on how you own the property.
UK property can be owned in two ways:
Joint Tenants: You both own the entire property together. When one owner dies, the property automatically passes to the surviving owner, regardless of any will or intestacy rules. This happens by law—it's called the "right of survivorship."
Tenants in Common: Each owner owns a specific share (usually 50/50, but can be any split). Each person's share is theirs to leave in their will. Without a will, their share goes according to intestacy rules—to relatives, not the surviving partner.
Many unmarried couples own property as tenants in common without realising the implications.
Scenario: Property held as tenants in common with no will
Sarah and Tom bought a £400,000 house together as tenants in common, each owning 50%. They'd been together 16 years and had two teenage children.
Tom died at 52 with no will. His 50% share—worth £200,000—went to his brother under intestacy (his only living relative). Tom's brother demanded Sarah sell the house so he could receive his £200,000 inheritance.
Sarah had three options: buy her brother-in-law out for £200,000 (money she didn't have), take out a mortgage at 48 to raise the funds, or sell the family home. She sold. The children had to move during their GCSE years. Tom's brother, who had no relationship with the children, received a windfall.
A £49.99 will could have prevented this.
If the property is in your partner's sole name
This is even worse. If the property is entirely in your deceased partner's name, you have no automatic right to remain. The property forms part of their estate and goes to intestacy beneficiaries.
The inheriting relatives can allow you to stay, demand rent, or force you to leave. You're at their mercy.
You may have one option: claiming under the Inheritance (Provision for Family and Dependants) Act 1975. But this is expensive, uncertain, and stressful—not a solution you want to rely on.
Can You Make a Legal Claim? The Inheritance Act Option
Yes, unmarried partners can make a legal claim—but it's nothing like the automatic inheritance married couples enjoy.
The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to apply to court for financial provision from a deceased person's estate if they believe reasonable provision wasn't made for them.
Critical requirement: You must have cohabited for at least two years immediately before your partner's death.
"Immediately before" is interpreted flexibly by courts. Brief separations for work commitments, hospital stays, or caring for relatives don't necessarily break the two-year period. But you must prove continuous cohabitation.
Making a claim is NOT automatic. You must:
- File a claim with the court
- Hire a solicitor specialising in contentious probate
- Gather evidence of your relationship and financial circumstances
- Wait for court proceedings
Strict deadline: You must file within 6 months of the Grant of Representation being issued. Miss this deadline and you lose your right to claim (though courts can extend in exceptional circumstances).
The court doesn't automatically award you anything. They consider:
- Length of your relationship
- Your contributions (financial and non-financial, like caring or homemaking)
- Your financial needs and resources
- The needs and resources of other beneficiaries
- Any obligations the deceased had toward you
- The size and nature of the estate
- Any physical or mental disability you have
The court awards "reasonable financial provision" for your maintenance—not automatic entitlement to the estate. You're asking the court to recognise you deserve something. That's fundamentally different from inheriting as a spouse.
The cost: Legal fees for Inheritance Act claims typically run £15,000-£50,000 or more, depending on complexity. These costs often come from the estate or your own resources. Even if you win, legal fees can consume a substantial portion of any award.
The timeline: Claims take 12-24 months to resolve. During this time, the estate remains unsettled, relationships fracture, and stress compounds grief.
Success is not guaranteed. Courts have complete discretion. You might receive a substantial settlement, a modest amount, or nothing.
Scenario: Lisa's Inheritance Act claim
Lisa lived with her partner David for 8 years. When David died at 51, his adult children from his first marriage inherited his £420,000 estate under intestacy.
Lisa filed an Inheritance Act claim. She provided evidence of their relationship, her contributions to the household, and her financial dependence (she'd reduced work hours to care for David during his illness).
After 18 months of court proceedings and £22,000 in legal fees, Lisa received an £80,000 settlement. David's children resented her claim and severed all contact. The emotional and financial toll was devastating.
If David had written a will leaving Lisa £150,000, she would have received more money, avoided legal costs, preserved relationships, and grieved without the stress of court battles.
Key message: Inheritance Act claims exist as a last resort, not a reliable protection strategy. They're expensive, uncertain, and traumatic. A legally valid will provides guaranteed protection for £49.99.
The "Common Law Marriage" Myth: Why So Many Couples Are Unprotected
The common law marriage myth is one of the most dangerous misconceptions in UK law.
46% of cohabiting couples believe in common law marriage. This belief has remained remarkably consistent since 2005 (when 47% believed it), despite the rise in cohabiting couples and increased media coverage debunking the myth.
The reality: "Common law marriage" has no legal meaning in England and Wales. It doesn't exist. There is no such thing as a "common law spouse."
Living together for any length of time creates zero legal rights. You could live together for 50 years, raise six children, build a business empire together, and legally you're strangers when one partner dies.
Why the myth persists:
Historical context: Common law marriage did exist in England—until 1753. For 270+ years, it hasn't been valid. But the term lingers in cultural memory.
American influence: Common law marriage exists in some US states. UK couples see American TV shows and films where couples refer to "common law spouses" and assume the same applies here.
Assumptions based on relationship commitment: Couples reasonably assume that living together, having children, and making financial commitments creates some legal recognition. It feels like it should. But feelings aren't law.
Confusion with other rights: Unmarried couples do have some rights in specific contexts—like protection from domestic violence or parental responsibility for children. This creates the false impression of broader legal recognition.
The consequences are devastating. Couples believe they're protected. They don't make wills. One partner dies. The surviving partner discovers the truth when they're grieving, vulnerable, and about to lose everything.
Compare this to married couples:
Married spouses automatically inherit under intestacy. If you're married with children and die without a will, your spouse receives:
- The first £322,000 of your estate
- All your personal possessions
- Half of everything above £322,000
- Your children inherit the other half of amounts above £322,000
If you're married with no children, your spouse inherits everything—your entire estate, regardless of size.
Married spouses also benefit from unlimited spouse exemption for inheritance tax. You can leave £10 million to your spouse and pay zero inheritance tax.
Unmarried partners get none of these protections. Not after 1 year together. Not after 50 years together.
Even if you've been together longer than most marriages, the law treats you like strangers.
What About Joint Bank Accounts, Life Insurance, and Pensions?
Not everything goes through intestacy. Some assets pass automatically to your partner—but only if you've set them up correctly.
Joint bank accounts
Most joint bank accounts are held as "joint tenants" (like property). When one account holder dies, the account automatically passes to the surviving account holder by right of survivorship.
Important caveat: Banks may temporarily freeze the account when they're notified of a death, even joint accounts. This can cause cash flow problems while probate is arranged. But legally, the funds belong to the surviving account holder.
Savings and investments in the deceased's sole name
These fall entirely under intestacy. If your partner has ISAs, savings accounts, or investment accounts in their name only, you don't inherit them. They go to intestacy beneficiaries.
Life insurance
This depends entirely on who's named as the beneficiary.
If your partner named you as the beneficiary on their life insurance policy, the payout goes directly to you. It bypasses the estate entirely—no probate, no intestacy, no delay.
If they named "my estate" as the beneficiary (or never updated the beneficiary), the life insurance payout becomes part of the estate and falls under intestacy rules. You'd get nothing.
Action step: Check all life insurance policies immediately. Ensure your partner is named as the beneficiary. If you took out life insurance years ago and named an ex-partner or parent, update it now.
Pensions
Most pensions allow you to complete an "expression of wish" form (sometimes called a "nomination form"). This tells the pension trustees who you want to receive your pension death benefits.
Trustees have discretion—they're not legally bound by your nomination. But they typically follow it unless there are compelling reasons not to.
If you never completed an expression of wish form, trustees decide based on their assessment of your circumstances. They may pay to your estate (where intestacy rules apply) or to relatives they identify as dependants.
Action step: Contact every pension provider. Complete expression of wish forms naming your partner. Update them after any major life changes.
Personal possessions
Everything in your partner's name—cars, jewelry, furniture, technology, collectibles—forms part of their estate. If they die without a will, these possessions go to intestacy beneficiaries.
Imagine your partner's estranged sibling inheriting their car, demanding you return their laptop, or claiming the engagement ring you were given.
What Passes Automatically vs. What Falls Under Intestacy
Asset Type | Unmarried Partner Inherits Automatically? | Falls Under Intestacy? |
---|---|---|
Property (joint tenants) | ✓ Yes | No |
Property (tenants in common) | ✗ No (only their own share) | ✓ Yes (deceased's share) |
Property (deceased's sole name) | ✗ No | ✓ Yes |
Joint bank accounts | ✓ Usually yes | No |
Sole bank accounts | ✗ No | ✓ Yes |
ISAs and savings (deceased's name) | ✗ No | ✓ Yes |
Life insurance (partner named beneficiary) | ✓ Yes | No |
Life insurance (estate as beneficiary) | ✗ No | ✓ Yes |
Pension (partner nominated) | ✓ Usually yes (trustees' discretion) | No |
Pension (no nomination) | ✗ Unlikely | ✓ Yes (or trustees' decision) |
Personal possessions | ✗ No | ✓ Yes |
Vehicles | ✗ No | ✓ Yes |
Scenario: Michael's mixed estate
Michael had £120,000 in savings, £200,000 life insurance, and an £80,000 pension pot. He died without a will.
His life insurance went to his partner Rebecca because he'd named her as beneficiary when he took out the policy eight years earlier. That £200,000 was safe.
His savings went to his mother under intestacy because the accounts were in his sole name. Rebecca received nothing from the £120,000.
His pension went to his mother as well. Michael had completed an expression of wish form 15 years ago naming his mother (before he met Rebecca), and never updated it. The trustees followed his outdated nomination. Rebecca lost the £80,000 pension.
Rebecca received £200,000 (the life insurance) but lost £200,000 (the savings and pension) that Michael would have wanted her to have. If he'd written a will and updated his pension nomination, Rebecca would have received all £400,000.
Check your beneficiary nominations today. A ten-minute phone call to your pension provider could save your partner tens of thousands of pounds.
The Inheritance Tax Trap for Unmarried Couples
Inheritance tax adds another layer of financial devastation for unmarried couples.
Married couples: Unlimited spouse exemption. You can leave your entire estate to your spouse—£10 million, £50 million, any amount—and pay zero inheritance tax.
Unmarried partners: No exemption at all. Your partner is treated like any other beneficiary. Your estate is taxed at 40% on everything above £325,000.
Inheritance tax basics for 2024/25:
- Nil-rate band: £325,000 (the amount you can leave tax-free)
- Inheritance tax rate: 40% on everything above £325,000
- Residence nil-rate band: Additional £175,000 if you leave your home to direct descendants (children or grandchildren)
Critical: Unmarried partners do NOT qualify as direct descendants. Direct descendants are children, stepchildren, adopted children, foster children, and grandchildren only. Not partners, regardless of relationship length.
If you leave your £500,000 estate to your unmarried partner, they face inheritance tax of £70,000 (40% of £175,000 over the threshold). If you were married, that tax bill would be £0.
Inheritance Tax Comparison: Married vs. Unmarried Couples
Estate Value | Left to Married Spouse | Left to Unmarried Partner |
---|---|---|
£400,000 | £0 IHT (spouse exemption) | £30,000 IHT (40% of £75,000) |
£600,000 | £0 IHT (spouse exemption) | £110,000 IHT (40% of £275,000) |
£800,000 | £0 IHT (spouse exemption) | £190,000 IHT (40% of £475,000) |
Your unmarried partner must pay the inheritance tax bill within 6 months of death, or interest accrues at statutory rates. If the estate is property-heavy and cash-poor, your partner may be forced to sell your shared home just to pay the tax bill.
Scenario: Tax bill forces home sale
Rebecca and James owned their £650,000 London home as tenants in common. James died without a will. His 50% share (£325,000) went to his brother under intestacy.
Rebecca faced two devastating bills:
- She had to buy out James's brother for £325,000 (his 50% share)
- James's estate owed £0 inheritance tax (his share exactly matched the nil-rate band)
But if James had written a will leaving his share to Rebecca, she would have faced:
- No buyout (she'd inherit his share directly)
- £0 inheritance tax on that inheritance? No—£0 tax because the amount equals the threshold
Actually, she'd face inheritance tax of £0 on £325,000 (within nil-rate band) but lose the ability to pass the home to children with the residence nil-rate band because she's not a direct descendant in this transfer.
The complexity itself illustrates the problem: married couples avoid this entirely with automatic spouse exemption.
Making a will doesn't eliminate inheritance tax for unmarried couples. You'll still pay 40% on amounts above £325,000 left to your partner. But a will allows you to:
- Plan strategically (use your nil-rate band efficiently)
- Take out life insurance written in trust to cover the tax bill
- Make lifetime gifts to reduce your estate
- Ensure your partner isn't forced to sell assets immediately
- Protect your partner from both intestacy AND excessive tax
Without a will, your partner faces intestacy (getting nothing) OR inheritance tax (losing 40%) OR both.
How to Protect Your Unmarried Partner: Essential Steps
Here's exactly what unmarried couples must do to protect each other.
Essential Step 1: Make a Will
This is non-negotiable. Nothing else provides guaranteed protection.
In your will:
- Name your partner as your main beneficiary. Be specific: "I leave my entire estate to [full legal name of partner], of [address]."
- If you have children, decide how to split your estate between your partner and children. Many people leave everything to their partner, trusting them to provide for the children, or split percentages (e.g., 70% to partner, 30% to children).
- Name backup beneficiaries in case your partner dies before you or at the same time.
- Appoint executors who will administer your estate (often your partner, with a backup).
- If you have children under 18, appoint guardians who will care for them if both parents die.
Update your will immediately after:
- Moving in together
- Buying property together
- Having children
- Major changes in assets
- Relationship breakdown
Ensure your will is legally valid:
- You must be 18 or over
- You must have mental capacity to make a will
- You must sign the will in the presence of two independent witnesses
- Witnesses cannot be beneficiaries or married to beneficiaries
- Follow all UK legal requirements for will execution
A will costs £49.99 with WUHLD. The alternative—losing everything to intestacy or spending £15,000-£50,000 on Inheritance Act claims—is unconscionable.
Essential Step 2: Review Property Ownership
Check how you own your property. This determines what happens automatically when one of you dies.
How to check: Look at your property deeds or title register. You can order official copies from the Land Registry for £3.
Your deeds will state either:
- "As joint tenants" (property passes automatically to survivor)
- "As tenants in common" (each owns a share; share passes according to will/intestacy)
If you own as tenants in common:
Your will MUST specify that your share goes to your partner. Without a will, your share goes to relatives under intestacy.
If you own as joint tenants:
The property passes automatically to your partner by survivorship. Your will doesn't control this. However, you should still make a will for everything else you own.
Changing ownership type:
You can change from tenants in common to joint tenants, or vice versa, but this requires legal formalities. Consult a conveyancing solicitor before making changes. The wrong ownership structure could create unintended tax consequences or leave someone unprotected.
Essential Step 3: Update All Beneficiary Nominations
Life insurance policies:
Call every life insurance provider. Confirm your partner is named as beneficiary. If you named your parents or an ex-partner years ago, update it immediately.
Pensions:
Contact every pension provider (workplace pensions, old workplace pensions, personal pensions, SIPPs). Request an expression of wish form. Complete it naming your partner. Do this today—it takes 10 minutes per pension and could save your partner tens of thousands of pounds.
Bank accounts with death benefits:
Some savings accounts and current accounts allow beneficiary nominations. Check with your bank.
Payable on death (POD) designations:
Some financial institutions offer POD designations for savings accounts and bonds. This allows funds to pass directly to your named beneficiary without probate.
Essential Step 4: Consider Life Insurance
If your estate exceeds £325,000 and you're leaving it to your unmarried partner, they'll face a 40% inheritance tax bill on everything above that threshold.
Calculate your potential estate value:
- Property value (minus mortgage)
- Savings and investments
- Life insurance payouts (if paid to estate)
- Pension death benefits
- Personal possessions
If the total exceeds £325,000, your partner faces inheritance tax.
Life insurance written in trust:
Take out a life insurance policy for the amount of the expected tax bill. Write the policy "in trust" for your partner. This means:
- The payout goes directly to your partner
- It doesn't form part of your estate (no inheritance tax on it)
- Your partner receives cash to pay the inheritance tax bill without selling assets
Example: Your estate is worth £625,000. You'll owe £120,000 inheritance tax (40% of £300,000 over threshold). Take out £120,000 life insurance written in trust for your partner. When you die, they receive £120,000 tax-free to pay the bill.
Optional Step 5: Cohabitation Agreement
A cohabitation agreement is a legal document setting out how you'll share assets during your relationship and what happens if you separate.
What it covers:
- Who owns what percentage of property
- How you'll divide household expenses
- What happens to jointly purchased items if you separate
- Financial arrangements if one partner takes time off work for childcare
What it doesn't do:
A cohabitation agreement does NOT provide inheritance rights. It has no effect when one partner dies. You still need a will.
Cohabitation agreements are useful for clarifying ownership during the relationship, especially if contributions are unequal. But they're optional. Wills are mandatory.
Protect Your Partner in 4 Weeks: Your Action Plan
Week 1: Create your will
- Use WUHLD to create a legally valid will in 15 minutes
- Name your partner as main beneficiary
- Appoint guardians if you have children under 18
- Specify who gets specific items if important to you
- Review and download your will
Week 2: Review property and accounts
- Order title register from Land Registry (£3, arrives in minutes)
- Check whether you own as joint tenants or tenants in common
- List all bank accounts, savings, investments
- Identify which are joint and which are sole accounts
Week 3: Update beneficiary nominations
- Call every life insurance provider—confirm partner is named beneficiary
- Contact all pension providers—complete expression of wish forms
- Update any POD designations on bank accounts
- Create a master list of all policies and accounts with beneficiaries confirmed
Week 4: Consider additional protection
- Calculate your estate value and potential inheritance tax
- Get life insurance quotes if your estate exceeds £325,000
- Consider whether you need a cohabitation agreement
- Store your will safely and tell your partner where it is
This four-week plan costs £49.99 (WUHLD will) plus potentially life insurance premiums. The alternative—leaving your partner with nothing, or forcing them to spend £15,000-£50,000 on legal claims—is devastating.
Real Stories: When Unmarried Partners Are Left With Nothing
These scenarios illustrate the devastating real-world consequences of dying without a will as an unmarried couple.
Claire and Robert: 16 years together, lost their home
Claire and Robert lived together for 16 years, raising two teenage children in their £380,000 home. They owned the property as tenants in common, each with a 50% share.
Robert died suddenly at 52 from a heart attack. He had no will. His brother was his only living relative.
Under intestacy, Robert's 50% share—worth £190,000—went to his brother. The brother lived abroad and had met Robert's children only twice. He demanded immediate sale of the house to receive his inheritance.
Claire had three choices: buy him out for £190,000 (impossible on her salary), take out a large mortgage at age 50, or sell the family home.
She sold. The children moved during their GCSE year, leaving their school and friends. Claire used her £190,000 share to buy a small two-bedroom flat in a cheaper area. Robert's brother received a windfall and severed contact with the family.
Robert had always said he wanted Claire and the children to keep the house. He just never wrote it down.
A £49.99 will could have prevented this.
David and Helen: 9 years together, the children inherited everything
David and Helen lived together for 9 years. David had two adult children, aged 32 and 29, from his first marriage. His relationship with them was cordial but distant—they saw each other three or four times a year.
David died at 61 after a short illness. His estate was worth £450,000: savings, pension death benefits, and investments.
Under intestacy, his children inherited everything equally. £225,000 each.
Helen, who had reduced her work hours to care for David during his illness, received nothing. She'd contributed to household expenses, supported David emotionally and practically, and assumed they'd spend their later years together.
David's children felt entitled to their inheritance—after all, they were his children. They weren't hostile to Helen, but they weren't generous either. They offered her £10,000 "for her trouble."
Helen couldn't afford to remain in their rented home on her reduced salary. She moved to a cheaper city, leaving behind the community and life she and David had built.
David had intended to update his will "soon." He never did.
Marcus and Tony: 11 years together, estranged family inherited
Marcus and Tony lived together for 11 years. Marcus had been estranged from his homophobic parents for 15 years, since he came out in his late 20s. They'd made clear they wanted nothing to do with him.
Marcus died at 45 in a car accident. His estate—£180,000 in savings and property equity—went to his parents under intestacy. They were his closest living relatives.
Tony had to negotiate with people who had rejected Marcus for being gay. They refused to vary the estate voluntarily or acknowledge Tony's relationship with their son. They claimed their "right" to the inheritance and cut off all contact.
Tony lost the home he'd shared with Marcus and the financial security they'd built together. He was left with grief, anger, and nothing.
Marcus had talked about making a will "when we buy the bigger place" or "after we sort out the civil partnership." They never got around to it.
A £49.99 will could have ensured his estate went to the person he loved, not the family who rejected him.
What these stories have in common
All three couples:
- Were together for many years (9-16 years)
- Assumed they had "enough time" to sort out wills
- Believed their partner would be provided for somehow
- Faced devastation that could have been prevented for £49.99
In each case, a 15-minute online will would have changed everything.
Don't let this be your partner's story.
Frequently Asked Questions
Q: Is common law marriage real in the UK?
A: No. Common law marriage has no legal meaning in England and Wales and hasn't existed since 1753. Living together for any length of time creates zero automatic inheritance rights, regardless of whether you have children together or share property. 46% of couples falsely believe this protection exists.
Q: How long do you have to live together to have inheritance rights?
A: No length of cohabitation creates automatic inheritance rights. Unmarried partners do not inherit under intestacy rules regardless of relationship length. However, partners who cohabited for at least 2 years immediately before death can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975—but this requires expensive court proceedings with no guaranteed outcome.
Q: Can my partner inherit anything without a will?
A: Your partner can only inherit assets that pass automatically outside of intestacy: property owned as joint tenants, joint bank accounts, life insurance where they're named beneficiary, and pensions where they're nominated (subject to trustees' discretion). Everything else—property owned as tenants in common, sole bank accounts, savings, investments, personal possessions—goes to your relatives under intestacy. Your partner receives nothing from those assets.
Q: What happens to our house if my partner dies without a will?
A: It depends on ownership type. If you own as joint tenants, the property automatically passes to you by survivorship. If you own as tenants in common, your partner's share goes to their relatives under intestacy—you may need to buy them out or sell the house. If the property is in your partner's sole name, you have no automatic right to remain and could face eviction from inheriting relatives.
Q: How much does it cost to make an Inheritance Act claim?
A: Inheritance Act claims typically cost £15,000-£50,000+ in legal fees and take 12-24 months to resolve. Success is not guaranteed—the court has complete discretion. Even successful claims may result in awards smaller than the legal costs. A £49.99 will provides guaranteed protection without court battles, legal fees, or uncertainty.
Q: Do we need to get married to protect each other?
A: Marriage provides automatic inheritance rights that unmarried couples don't have: married spouses inherit under intestacy and receive unlimited inheritance tax exemption. However, you don't need to marry to protect your partner—a legally valid will naming your partner as beneficiary provides the same outcome for inheritance (though not for inheritance tax exemption). Marriage is a personal choice; a will is a necessity for unmarried couples.
Don't Let Outdated Laws Destroy the Life You've Built Together
Unmarried partners inherit nothing under UK intestacy rules—no exceptions, regardless of relationship length or children.
3.6 million cohabiting couples face this risk. 46% falsely believe they're protected by "common law marriage." They're not.
Without a will, your estate goes to relatives (even estranged ones) or the Crown—never your partner.
Inheritance Act claims are possible after 2+ years cohabitation, but they're expensive (£15,000-£50,000), uncertain, and take 12-24 months. They're a last resort, not a solution.
The only reliable protection is a legally valid will naming your partner as beneficiary.
Living together, raising children, building a home, and sharing finances creates a life partnership in every way but one: the eyes of UK law. When you die without a will, the law treats your partner like a stranger, handing your life's work to relatives who may never have been part of the life you built together.
The person who shared your life inherits nothing—unless you take action now.
Protect the person you love with a legally valid will in just 15 minutes. WUHLD's online will service lets you name your partner as your beneficiary, ensure your wishes are followed, and include guardianship for your children—all for a one-time payment of £49.99.
Preview your complete will free (no credit card required), then download four essential documents:
- Your complete, legally binding will
- A 12-page Testator Guide explaining how to execute your will properly
- A Witness Guide to give to your witnesses
- A Complete Asset Inventory to track your estate
Don't let outdated intestacy laws destroy the life you've built together.
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Legal Disclaimer: This article provides general information about UK intestacy rules and estate planning for unmarried couples, and does not constitute legal advice. Intestacy rules can be complex, particularly with blended families, jointly owned property, or cross-border estates. For advice specific to your individual situation, please consult a qualified solicitor. WUHLD's online will service (£49.99) is suitable for straightforward UK estates; complex situations involving substantial assets, business ownership, international property, or contentious family circumstances may require professional legal advice.
Additional Disclaimer: Information about Inheritance (Provision for Family and Dependants) Act 1975 claims is provided for educational purposes only. Success of claims depends on individual circumstances and court discretion. If you need to make an Inheritance Act claim, seek immediate legal advice from a solicitor specialising in contentious probate.
Sources:
- Office for National Statistics - Living arrangements of people in England and Wales: Census 2021
- House of Commons Library - "Common law marriage" and cohabitation (Research Briefing)
- Citizens Advice - Who can inherit if there's no will - the rules of intestacy
- GOV.UK - HMRC Inheritance Tax Manual: Inheritance (Provision for Family and Dependants) Act 1975
- GOV.UK - Joint property ownership
- GOV.UK - Inheritance Tax nil-rate band, residence nil-rate band from 6 April 2028
- Macfarlanes - Intestacy: statutory legacy increases to £322,000