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Same-Sex Couple

Also known as: LGBTQ+ Couple

Definition

A same-sex couple is two people of the same gender in a relationship, who have identical legal rights to opposite-sex couples when married or in a civil partnership under UK law.

Since 2014, same-sex couples can marry or form civil partnerships with full legal equality. However, unmarried same-sex couples have no automatic inheritance rights—just like unmarried opposite-sex couples.

What Does Same-Sex Couple Mean?

Under UK law, same-sex couples can formalize their relationships in three ways: marriage (since 29 March 2014 under the Marriage (Same Sex Couples) Act 2013), civil partnership (since 2004 under the Civil Partnership Act 2004), or cohabitation without legal recognition. Same-sex couples who are married or in civil partnerships have identical legal rights to opposite-sex couples, including full inheritance tax exemptions between spouses or civil partners, automatic intestacy rights, and equal treatment in all estate planning matters.

However, over 50% of UK same-sex couples cohabit without legal recognition through marriage or civil partnership. Unmarried same-sex couples have no automatic inheritance rights regardless of relationship length. If David and James live together for 15 years without marrying or forming a civil partnership, and David dies without a will, James inherits nothing under intestacy rules—the estate would pass to David's next of kin (children, parents, or siblings). This is identical to the situation facing unmarried opposite-sex couples. The common misconception that "common law marriage" provides protection after living together long-term is false—this legal status does not exist in England and Wales.

For unmarried same-sex couples, estate planning through wills is essential. Without a will specifying inheritance, the surviving partner receives nothing and may face challenges from the deceased's biological family. The Inheritance (Provision for Family and Dependants) Act 1975 provides limited recourse for cohabitees of two or more years to claim "reasonable maintenance," but this is uncertain and expensive. Additionally, gifts between unmarried partners are subject to inheritance tax with no spousal exemption, whereas married couples and civil partners transfer assets tax-free.

Same-sex couples with children should carefully define "children" in their wills. When only one partner has legal parental responsibility (through biology or adoption), wills must clearly specify which children are included. Same-sex married couples and civil partners can jointly adopt children with full parental rights since 2005, and adopted children are treated identically to biological children for inheritance purposes.

Common Questions

"Do same-sex couples have the same inheritance rights as opposite-sex couples in the UK?" Yes, if married or in a civil partnership. Same-sex married couples and civil partners have identical legal rights to opposite-sex couples, including inheritance tax exemptions and automatic intestacy rights. However, unmarried same-sex couples (cohabitees) have no automatic inheritance rights, just like unmarried opposite-sex couples.

"Do same-sex couples need to get married or enter a civil partnership to protect their partner?" No, but it provides the strongest legal protection. Unmarried same-sex couples can protect each other through wills, cohabitation agreements, and joint property ownership. However, marriage or civil partnership automatically provides inheritance rights, tax exemptions, and intestacy protections that cohabitation never will.

"Can same-sex couples adopt children and include them in their wills?" Yes. Same-sex married couples and civil partners can jointly adopt children with full parental rights. Adopted children are treated identically to biological children for inheritance purposes. In wills, it's important to define 'children' clearly when only one partner has legal parental status.

Common Misconceptions

Myth: Now that same-sex marriage is legal, all same-sex couples automatically have the same rights as married couples.

Reality: Same-sex couples only have full legal rights if they are married or in a civil partnership. Over 50% of UK same-sex couples cohabit without legal recognition and have no automatic inheritance rights, no inheritance tax exemptions, and no intestacy protections. Living together—even for decades—creates no legal rights under UK law.

Myth: Common law marriage protects same-sex couples who live together long-term.

Reality: Common law marriage does not exist in England and Wales for any couple, regardless of gender or relationship length. An unmarried same-sex couple living together for 20 years has no automatic inheritance rights—the surviving partner would inherit nothing under intestacy rules, and the estate would pass to the deceased's next of kin.

  • Civil Partner: Legal status available to same-sex couples since 2004, providing inheritance rights equivalent to marriage.
  • Civil Partnership: The formalized relationship structure that grants legal recognition and protections to same-sex couples without marriage.
  • Cohabitee: The legal status of unmarried same-sex couples living together, with no automatic inheritance rights under UK law.
  • Marriage: Available to same-sex couples since 2014 in England and Wales with identical legal rights to opposite-sex marriages.
  • Spouse: Gender-neutral term for married partners, applicable to both same-sex and opposite-sex marriages with full inheritance tax exemptions.
  • LGBTQ+ Considerations: Broader estate planning issues specific to LGBTQ+ individuals beyond relationship recognition, including family estrangement concerns.

Need Help with Your Will?

Whether married, in a civil partnership, or cohabiting, same-sex couples deserve clear estate planning. Making a will ensures your partner and children are protected according to your wishes, regardless of your relationship status.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete, legally binding will plus three expert guides. Preview your will free before paying anything—no credit card required.

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.