Unmarried parents: both need a will

We have children but are not married: the wills you need

By SwiftWillUpdated 24 September 2026England and Wales

Quick answer

If you have children together but are not married or civil partners, your partner inherits nothing from you without a will; your estate goes to your children, who inherit outright at 18. Guardianship also depends on parental responsibility, which an unmarried father may not have. You each need your own will, often a pair of mirror wills naming each other and the same guardians.

What happens if an unmarried parent dies without a will?

The estate goes to the children and the surviving partner receives nothing under the intestacy rules. Under section 46 and section 47 of the Administration of Estates Act 1925:

Your partner inherits nothing, however long you have been together.
Your children inherit everything, held for them until they reach 18, when they take it outright.
Your partner cannot apply to deal with the estate, because GOV.UK says an unmarried partner cannot apply for letters of administration.
Jointly owned property and joint accounts still pass to your partner if owned as joint tenants.

A partner who lived with you as a couple for two years, or whom you supported, can ask a court for provision under the Inheritance Act 1975, but that is a claim against the children's inheritance, not a right.

Who can appoint a guardian for your children?

Only a parent with parental responsibility can appoint a guardian (Children Act 1989, s.5). A mother has it automatically. An unmarried father has it if he is registered as the father for a birth registered from 1 December 2003, or through a parental responsibility agreement or court order (GOV.UK). A guardian you appoint takes over when no parent with parental responsibility survives. If neither of you appoints one, the family court decides who raises the children.

What do mirror wills do for unmarried parents?

They put in place what the intestacy rules leave out. If you do not own property together (see the solicitor section below), SwiftWill mirror wills can:

leave everything to each other, so the surviving partner can keep the household going;
name your children as back-up beneficiaries if you both die, with an inheritance age of 18, 21 or 25;
appoint the same guardians in both wills, acting together where you name more than one; and
appoint executors, usually each other and another trusted adult, so someone can still act if one of you cannot.

A SwiftWill document does not add a reserve guardian or reserve executor who steps in only if the first choice cannot act. See mirror wills, wills for unmarried couples and writing a will with children.

How does inheritance tax affect unmarried parents?

The spouse exemption applies only to people who are married or in a civil partnership, so what you leave your partner counts against the £325,000 threshold, with 40% tax above your allowances. A home left to your children can add up to £175,000. Unused allowances cannot pass between unmarried partners. If your combined estate is near these figures, take advice.

When do unmarried parents need a solicitor?

Often, if you own a home together. GOV.UK lists sharing a property with someone who is not your husband, wife or civil partner as a reason to get legal advice, and SwiftWill's suitability questions follow that: if you answer yes, the interview directs you to a solicitor rather than selling you a will. It does the same if:

you want to plan around inheritance tax or need a trust, for example for a child who cannot look after themselves;
there are children from an earlier relationship whose inheritance you want to protect while providing for your partner.

SwiftWill's mirror wills suit unmarried parents who do not share property and have no such complications. Do I need a solicitor for a will? and we own a house together but aren't married explain more.

How do unmarried parents make both wills?

Agree your guardians and ask them first, decide who inherits if you both die, and choose your executors. Then start your wills: £35 each, or £55 for a pair of mirror wills. Each will must be printed and signed in front of two independent witnesses who are present at the same time; see how to sign a will. If one of you dies, the survivor may be able to claim Bereavement Support Payment.

Sources

Sources checked 24 September 2026.

Frequently asked questions

Doesn't everything go to our children anyway?

Without a will, yes: if you are not married, your estate goes to your children and your partner receives nothing under the intestacy rules. The children inherit outright at 18, and until then the money is held for them, not for the partner raising them.

I'm an unmarried father. Do I have parental responsibility?

You do if you are registered as the father on the birth certificate for a birth registered in England or Wales from 1 December 2003, or if you have a parental responsibility agreement or court order. Only a parent with parental responsibility can appoint a guardian in a will.

Who looks after our children if we both die?

The guardians you appoint in your wills. An appointment takes effect when no parent with parental responsibility survives. Without appointed guardians, the family court decides. Name the same guardians in both wills and ask them first.

Should we make mirror wills?

Mirror wills usually leave everything to each other, then to the children, with the same guardians. SwiftWill's cost £55 for a couple. If you own a home together, GOV.UK advises getting legal advice, and SwiftWill's suitability questions will direct you to a solicitor.

Will there be inheritance tax if one of us dies?

Possibly. Gifts to an unmarried partner are not covered by the spouse exemption, so what you leave each other counts against the £325,000 threshold. The residence allowance of up to £175,000 can apply to a home left to your children.

Can I get Bereavement Support Payment if my partner dies?

Yes, if you are under State Pension age and were getting, or entitled to, Child Benefit for a child living with you, or were pregnant, when your partner died, and your partner paid enough National Insurance.