Unmarried Partner Inheritance Rights UK — What You Actually Get

The most common misconception in UK family law: that cohabiting long enough gives your partner the same rights as a spouse. It doesn't. Here's exactly what the law says — and the twenty-minute fix that closes the gap.

The short answer

If your unmarried partner dies in the UK without a will, you inherit nothing automatically — regardless of how long you have lived together, whether you share children, or whether you own a home together. The UK has no "common law marriage" doctrine. It hasn't had one in modern times.

This is the single biggest knowledge gap in UK estate planning. Government research and ONS surveys consistently show that around 46% of UK cohabiting adults believe they have the same legal protections as married couples. They don't.

What the law actually says

The Intestacy Rules

When someone dies in the UK without a valid will, their estate is distributed under the Administration of Estates Act 1925 (as amended). These are called the intestacy rules. They follow a strict hierarchy:

1. A spouse or civil partner (if any)
2. Children (or their descendants)
3. Parents
4. Brothers and sisters of the whole blood (or their descendants)
5. Brothers and sisters of the half blood
6. Grandparents
7. Uncles and aunts (and their descendants)
8. The Crown (if no relatives can be traced — known as bona vacantia)

An unmarried partner — sometimes called a "cohabitee" in legal documents — appears nowhere in that list. Even after fifty years of shared life, the Crown ranks ahead of you.

The £322,000 statutory legacy

If the deceased was married, the surviving spouse inherits everything below £322,000 outright (the statutory legacy as set by SI 2023/758, current since 26 July 2023), plus personal belongings, plus half of anything above that figure. Children take the other half.

If the deceased was unmarried, none of this applies. The estate skips the partner entirely and passes to blood relatives.

The Inheritance (Provision for Family and Dependants) Act 1975

There is one limited route by which an unmarried partner can challenge the outcome. Under the 1975 Act, a person who lived with the deceased "as if they were a spouse" for at least two years immediately before the death can apply to court for "reasonable financial provision" from the estate.

This sounds reassuring. In practice it is not. A 1975 Act claim:

• Requires going to court (the County Court or the Chancery Division of the High Court)
• Must be filed within six months of probate being granted
• Routinely costs £15,000–£50,000 in legal fees
• Takes 12–24 months to conclude
• Awards "reasonable maintenance" only — not the full estate
• Can be contested by the deceased's blood relatives

It is, in short, a remedy of last resort. A will avoids the whole process.

The property question

This is where most cohabiting couples get caught off guard. Two unmarried partners who buy a home together can hold it under one of two legal arrangements:

Joint tenants

Both partners own the whole property jointly. When one dies, their share passes automatically to the survivor under the doctrine of survivorship. No will, no probate. This is the safest arrangement for cohabiting couples — but you have to confirm it's how the property is titled.

Tenants in common

Each partner owns a defined share — typically 50/50, but sometimes different. When one dies, their share passes under their will. If there's no will, it passes under intestacy to blood relatives. The surviving partner can suddenly find themselves co-owning a home with their late partner's parents or siblings.

You can check which form you hold by ordering an Official Copy of Register from HM Land Registry for £3. If you find you're tenants in common when you thought you were joint tenants — or vice versa — a will (or a "deed of severance") fixes it.

Pensions, life insurance, and ISAs

Several common assets bypass the intestacy rules entirely — but only if the paperwork is right.

Pensions

Most UK workplace and personal pensions sit in trust and are not part of the estate for inheritance purposes. They pass according to the nomination of beneficiaries form held by the pension provider. If you nominated your partner on that form, they receive the death benefit. If you never filled the form in, the trustees decide — and they may default to your closest blood relatives.

Practical step this week: contact every pension provider you use and confirm your nomination form names your partner.

Life insurance

Life insurance policies "written in trust" pay out directly to the named beneficiary, outside the estate. If the policy is not written in trust, the payout falls into the estate and is then subject to intestacy.

ISAs and bank accounts

An ISA (Individual Savings Account) belongs to the estate when the holder dies. HMRC rules allow the surviving spouse or civil partner an "Additional Permitted Subscription" — but only if married or in a civil partnership. Cohabitees do not qualify. Without a will leaving the ISA to the partner, it passes to blood relatives.

Jointly held current accounts usually pass to the survivor automatically. Sole accounts do not.

Children of unmarried parents

Children inherit from their biological parents under intestacy regardless of whether the parents were married. So children of an unmarried couple do not lose their share of the deceased parent's estate. But the surviving partner — the children's other parent — may inherit nothing themselves, which can leave a household with all assets held in trust for under-18 children and no liquidity for the surviving parent.

A will avoids this by (1) leaving assets to the partner outright, or (2) creating a flexible trust structure where the surviving parent has access to the assets while the children's long-term interest is protected. A qualified estate planner can talk you through which structure fits.

The cost of doing nothing

Real-world consequences UK cohabiting couples face when there's no will in place:

• Frozen accounts. Sole bank accounts in the deceased's name are frozen until probate (or letters of administration) are granted. This typically takes 4–8 months without a will.
• Forced sale of the home. If the deceased's share of the property passes to estranged or hostile relatives, the survivor can be forced to sell to pay them out.
• Loss of pension lump sums where nominations were never updated.
• Higher legal costs. Letters of administration (the "no will" version of probate) take longer and cost more than ordinary probate.
• Family conflict. The partner and the deceased's blood relatives are now negotiating over assets at the worst possible time.

Frequently asked questions

Does my unmarried partner inherit anything if I die in the UK?

No. The UK intestacy rules do not recognise cohabiting partners. The estate passes to blood relatives instead. A will is the only way to leave assets to an unmarried partner.

How long do you have to live together to be "common law married" in the UK?

Common law marriage does not exist in England, Wales, or Northern Ireland under modern law. It has not existed since 1753. Scotland abolished its limited "marriage by cohabitation with habit and repute" doctrine in 2006.

What happens to the house if my unmarried partner dies and we owned it together?

It depends on whether you hold the property as joint tenants (it passes automatically to the survivor) or as tenants in common (the deceased's share passes under their will, or under intestacy to blood relatives if there is no will).

Can an unmarried partner claim against the estate?

Yes, under the Inheritance (Provision for Family and Dependants) Act 1975, after at least two years of cohabitation. But the claim must be filed in court within six months of probate, takes 12–24 months to conclude, and typically costs £15,000+ in legal fees.

What does a will actually do for an unmarried couple?

It overrides the default intestacy rules. With a will, you can leave the entire estate to your partner, name them as the executor, appoint guardians for children, and direct specific assets to specific beneficiaries — all in one document.

Is a mirror will the same as a joint will?

No. A joint will is a single document signed by both partners — it is rarely used in the UK and creates legal complications. Mirror wills are two separate wills with matching terms. ClearLegacy uses mirror wills for cohabiting couples.