Do unmarried couples have automatic inheritance rights in the UK?
Unmarried partners have no automatic right to inherit from each other in England and Wales. This applies regardless of how long you have lived together, whether you share children, or how intertwined your finances may be.
There is no legal mechanism that treats a cohabiting couple the same as a married one, not even after decades together. This is one of the most significant gaps in unmarried couples’ rights, and it catches many couples off guard.
James Leach, Senior Associate at our family law office in Guildford, says:
“The difference in treatment between being a spouse and an unmarried partner on death are stark and worryingly, often overlooked. Simply understanding the difference and then making prudent plans can mitigate the financial impact.”
What happens if an unmarried partner dies without a Will?
When someone dies without a valid Will, their estate is distributed under the rules of intestacy – governed by section 46 of the Administration of Estates Act 1925. Those rules follow a fixed order:
- Married or civil partners come first
- Then children
- Then wider relatives
An unmarried partner sits outside that order entirely. So, if your partner dies without a Will, their estate could pass to their children, their parents, or even more distant relatives – while you receive nothing. GOV.UK’s intestacy tool allows you to check how an estate would be distributed in a specific situation.
The consequences can be severe. In some cases, a surviving partner who has shared a home for years may find themselves with no legal claim to it at all. And there is no length of relationship that changes this. For example, living together for two years, ten years, or thirty years does not automatically entitle an unmarried partner to inherit anything. The same applies even if there are children of the family.
What is the ‘common law marriage’ myth, and why does it matter?
There is no such thing as a ‘common law marriage’ in England and Wales, and there never has been. Despite research from the British Social Attitudes survey stating that nearly half the public believe it to be true.
The same applies to property, finances, and any claims on separation. Cohabitation alone provides none of the legal protections that come with marriage or civil partnership.
This can lead to couples assuming they are protected if one partner dies, when in reality, they are not. Many only discover the gap when it is too late to put proper arrangements in place.
Can an unmarried partner make a claim under the Inheritance (Provision for Family and Dependants) Act 1975?
Under the Inheritance (Provision for Family and Dependants) Act 1975, an unmarried partner may be eligible to make a financial claim against their late partner’s estate, provided they can show that:
- They lived with the deceased in the same household for at least two years immediately before the date of death
- They were living as if they were a spouse or civil partner during that time
- Like all other classes of claimant, they must demonstrate that they failed to receive reasonable financial provision from the estate
Solicitor’s tip: It is important to understand that meeting those conditions makes you eligible to claim, but it does not guarantee an outcome.
There is also an important distinction in what an unmarried partner can actually receive if a claim succeeds. Under the 1975 Act, cohabiting partners are limited to the ‘maintenance standard’ of financial provision. This means what is reasonably required for their ongoing maintenance. This is a significantly lower threshold than what applies to married couples, which is not limited to maintenance and may take into account a much broader range of financial needs, and where the court will consider what the surviving party would be entitled if the marriage had ended in divorce rather than death.
There is also a strict time limit to be aware of. Any claim under the 1975 Act must be made within six months of the date of the grant of probate or letters of administration. Missing that window will almost certainly bar you from making a claim at all, regardless of the circumstances.
For more on this, see our guide to what rights an unmarried partner has after death.
Inheritance rights: Married couples vs unmarried couples
The differences between the two positions are significant. The table below sets out the key distinctions at a glance.
| Aspect | Married / Civil Partner | Unmarried Cohabiting Partner |
| Inherits automatically without a will | Yes, under intestacy rules | No |
| Protected if estate is over £322,000 | Yes (receives first £322,000 plus share of remainder) | No |
| Inheritance tax exemption on partner’s estate | Yes (unlimited spouse exemption – assets pass between spouses free of inheritance tax) | No (40% inheritance tax may apply on assets above the £325,000 nil-rate band) |
| Can claim under the Inheritance Act 1975 | Yes, and more generous provision possible as court must consider what would have happened on if the marriage had ended i divorce rather than death | Yes, if cohabiting for over 2 years but any financial provision is limited to ‘maintenance’ |
| Right of survivorship on jointly owned property (beneficial joint tenancy) | Yes | Yes |
| Automatic inheritance from tenancy in common | No | No |
It is worth noting that unmarried partners do not benefit from the inheritance tax spousal exemption either. Married couples and civil partners can pass assets between them free of inheritance tax, whereas unmarried partners cannot.
Even where assets are left to an unmarried partner in a Will, inheritance tax may still apply above the individual nil-rate band threshold.
What rights does a cohabiting partner have over jointly owned property?
This depends entirely on how the property is owned. If you and your partner own your home as beneficial joint tenants, then when one of you dies, the other automatically inherits their share. This is known as the Right of Survivorship, and it happens outside the estate entirely.
But if you own as tenants in common, that automatic transfer does not apply. Each partner owns a defined share, which falls into their estate when they die and is distributed according to their Will or, if there is no Will, under the intestacy rules. Without a Will in place, that share could pass to someone other than the surviving partner. Checking how your property is legally registered is an important step that many couples have never revisited since first buying their home together.
For couples who choose to separate, questions around what happens to the joint mortgage when you separate without being married can become equally complicated, particularly where there is no legal framework to fall back on.
Not all assets are treated in the same way on death. For example, joint bank accounts usually pass automatically to the surviving account holder, which is different from the position with intestacy and many other assets.
How can unmarried couples protect their inheritance rights?
The good news is that there are practical steps you can take.
Making a Will
A valid Will is the most direct way to ensure your partner inherits from you. Without one, the intestacy rules apply, and they offer an unmarried partner nothing. Making a Will allows you to specify exactly who receives what, and to appoint an executor you trust to carry out your wishes.
Cohabitation agreements
A cohabitation agreement sets out what happens to property and finances if the relationship ends, whether through separation or death. When properly drafted, these agreements can be persuasive in property disputes and may support an Inheritance Act claim by providing clear evidence of both parties’ intentions.
Reviewing how your property is registered
Whether you own as beneficial joint tenants or tenants in common makes a significant difference to what happens when one partner dies. If you own as joint tenants, the right of survivorship applies. If you own as tenants in common, it does not, and without a Will, your partner’s share may pass to someone else entirely.
Updating pension nomination forms
Pensions do not pass automatically to an unmarried partner. To give your partner the best chance of receiving your pension, you should update your nomination of beneficiary form with your pension provider. This does not guarantee the outcome (trustees retain discretion), but it is an important step that is easy to overlook.
Could cohabitation law change in the UK?
A government consultation ‘A Fairer End to Relationships’ opened in June 2026 and ran until August 2026. It includes proposals for greater legal protection for cohabiting couples on separation and on death.
However, the law has not yet changed. Unmarried couples still do not have the same rights as spouses or civil partners, which is why making a Will and taking legal advice remains so important.
Where does this leave you?
The law in England and Wales currently offers unmarried couples very little automatic protection when a partner dies. That is a difficult reality, particularly for those who have built a life together over many years and assumed the legal position reflected that commitment.
The most important thing you can do is act now. A valid Will, a carefully drafted cohabitation agreement, and clarity over property ownership are not just legal formalities. They are the difference between a partner being protected and a partner being left with nothing.
If you are unsure where to start, speak to one of our specialists to help you understand your options clearly.
Keep reading…
What is a commitment ceremony?
What to consider when buying a house together when you’re not married
What are the advantages and disadvantages of cohabitation?
Originally written October 2022
