Many people in long-term relationships assume that if something were to happen to them, their partner would naturally inherit their estate. After all, if you’ve built a life together—shared a home, raised children, pooled finances—it seems only fair that your partner would be taken care of. However, this is one of the most common and costly misconceptions when it comes to inheritance law.
In the UK, unless you are married or in a civil partnership, your partner has no automatic legal right to inherit your estate if you die without a valid will. This is because of the strict rules of intestacy that govern how a person’s assets are distributed if they die intestate—that is, without leaving a will.
What Are the Rules of Intestacy?
The rules of intestacy are a fixed legal framework that dictates who inherits from someone’s estate when there is no will. These rules follow a set order, starting with a surviving spouse or civil partner, followed by children, then other close relatives such as parents or siblings.
If none of these relatives are living, more distant relatives may inherit, and in rare cases, the estate could even go to the Crown. Crucially, the law does not make any provision for a cohabiting partner, regardless of the length of the relationship or whether you shared a home or children together.
Why Your Home May Not Be Safe
One of the most distressing outcomes for unmarried couples is what can happen to the home you share. If your partner owns the property in their name alone and passes away without a will, you do not automatically have any right to remain living there.
Their estate—including the house—could pass to their children, parents, or siblings, depending on their family situation. Those inheriting the estate could, legally, sell the property and leave you without a home. While you may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, this can be a lengthy, uncertain, and expensive process during an already difficult time.
And What If You Have Children Together?
If you have children with your partner, many assume this automatically gives the surviving partner some rights to the estate. However, under intestacy law, the children inherit the estate, not the surviving partner. If the children are under 18, their inheritance will typically be held in trust until they come of age.
This can place the surviving partner in a vulnerable position—especially if they relied on their partner financially or need funds to raise the children. Without a will, the law doesn’t account for the practical needs of the family left behind.
The Myth of ‘Common Law Marriage’
It’s surprising how many people believe in the concept of “common law marriage”—a term often used to describe couples who live together long-term. Unfortunately, this concept has no legal standing in the UK. No matter how long you’ve been together, the law does not treat cohabiting couples as married when it comes to inheritance, pensions, or tax benefits.
Relying on this myth can have devastating consequences. Without legal protections in place, your partner may be left with nothing, even after decades together.
How to Make Sure Your Partner Is Protected
The good news is, there are steps you can take to ensure your partner is protected. The most important action you can take is to write a legally valid will. A will allows you to decide exactly who should inherit your estate, including your partner, friends, or even charities.
In addition, you can consider owning property jointly as ‘joint tenants’, which allows the surviving partner to inherit the property automatically. You should also nominate your partner as a beneficiary on life insurance policies, pensions, and death-in-service benefits, as these typically fall outside of your estate and aren’t covered by intestacy rules.
Finally, review and update your arrangements regularly, especially if your circumstances change—whether through the birth of a child, the purchase of a new home, or the death of a family member
Don’t Leave It to Chance
It’s easy to put off making a will, especially when life is busy and everything feels secure. But the truth is, if you’re not married or in a civil partnership, your partner is not legally protected under current UK inheritance law.
Making a will is a simple and powerful way to ensure your wishes are respected and your loved ones are looked after. Don’t assume love is enough—make it legal.
Need help getting started with your will or understanding your options? Get in touch today and let us help you put the right protections in place for the people you care about most.
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