If you're not married or in a civil partnership, your partner has NO automatic right to inherit from you. It doesn't matter if you've been together 30 years, have children together, or consider yourselves "common law" partners. Without a will, your partner could lose their home.
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The "Common Law Partner" Myth
There is no such thing as a "common law marriage" in England and Wales. This is a persistent myth that leads to tragedy.
The reality:
- Living together gives you NO inheritance rights
- Length of relationship doesn't matter
- Having children together doesn't matter
- Being financially dependent doesn't automatically help
- Your partner could lose their home to your relatives
What Happens Without a Will?
If you die without a will (intestacy), your estate goes to:
- Spouse or civil partner (you don't have one)
- Children
- Parents
- Siblings
- Grandparents
- Aunts and uncles
- The Crown (if no relatives)
Notice who's NOT on the list? Your unmarried partner.
Real-World Impact
If you own property together and die without a will:
- Your share of the home passes to your relatives (children, parents, siblings)
- Your partner may have to buy out your relatives
- If they can't afford to, the home may need to be sold
- Your partner could be homeless
How to Protect Your Unmarried Partner
1. Make a Will
Essential. Your will should:
- Name your partner as main beneficiary
- Specify what they receive (everything, specific share, etc.)
- Name backup beneficiaries (children, other family)
- Appoint executors
2. Own Property as Joint Tenants
If you own property together, make sure it's as "joint tenants" not "tenants in common." Joint tenants automatically inherit the other's share - outside of the will.
3. Consider Life Insurance
Nominate your partner as beneficiary. Life insurance pays directly to the named person, not through your estate.
4. Set Up LPA
Without LPA, your partner may not be able to make decisions for you if you lose capacity. Being "next of kin" has no legal power.
Do You Both Need Wills?
Yes. Each partner needs their own will. You can do mirror wills (matching terms) just like married couples.
Mirror wills for unmarried couples typically say:
- Everything to my partner
- If they've already died, to our children (or other named beneficiaries)
- My partner is my executor
What About Children?
Children of the Relationship
Your biological or adopted children have automatic inheritance rights under intestacy. If you die without a will, they inherit - not your partner.
Stepchildren
Your partner's children from a previous relationship have NO automatic inheritance rights from you. If you want to provide for them, you must include them in your will.
Inheritance Tax for Unmarried Couples
Married couples can transfer unlimited assets to each other tax-free. Unmarried couples cannot.
If you leave more than £325,000 to your unmarried partner, inheritance tax of 40% applies on the excess.
Partial protection: If you leave your main residence to your partner and they continue living there, the residence nil-rate band (£175,000 extra) doesn't apply - it's only for children/grandchildren.
Consider life insurance written in trust to provide tax-free money for your partner.
Can My Partner Claim If I Don't Leave Them Anything?
Possibly, under the Inheritance (Provision for Family and Dependants) Act 1975:
- If they lived with you for 2+ years before your death
- They can apply to the court for "reasonable provision"
- But this is expensive, stressful, and uncertain
- Much better to simply make a will
Frequently Asked Questions
We've been together 20 years - surely that counts for something?
Legally, no. Length of relationship gives no automatic inheritance rights. Only a will can protect your partner.
We have joint bank accounts - won't that help?
Joint accounts pass to the survivor, but other assets (property, investments, pensions) may not. A will covers everything.
Should we just get married?
That's one solution - marriage gives automatic inheritance rights. But if you prefer not to marry, wills are essential.
What if my family contests the will?
They can try, but a properly drafted will naming your partner as beneficiary is legally valid. Get professional help to make it robust.