---
title: "Wills for unmarried couples"
description: "No common-law marriage in England and Wales. An unmarried partner inherits nothing without a will. Mirror wills at £55."
url: "https://swiftwill.co.uk/will-for-unmarried-couples/"
author: "Marcus Kaiser"
date_modified: "2026-08-22"
---

# Wills for unmarried couples

There is no common-law marriage in England and Wales. If you die without a will, your unmarried partner inherits nothing — not after 20 years, not if you have children together. Mirror wills at £55 are the simple fix. Skip an online will if you need a trust to protect children from a prior relationship.

> SwiftWill provides legal information and software for England & Wales under Section 9 of the Wills Act 1837. Figures are taken from gov.uk, legislation.gov.uk and HMCTS, checked 12 August 2026. We have not given you legal advice — this is general information.

In short

Does an unmarried partner inherit if there is no will in England? No. There is no
 common-law marriage. The intestacy rules treat a cohabiting partner as a legal stranger.
 The estate goes to children, then parents, then siblings — or to the Crown. A will is
 the only reliable way to leave them the home, the savings, or anything else.

The government’s own rules are at
 [gov.uk/inherits-someone-dies-without-will](https://www.gov.uk/inherits-someone-dies-without-will)
 . The full formula is on
 [intestacy rules UK](/intestacy-rules/) — this page is the unmarried-couple
 cluster: what happens in real life, the house, the 1975 Act, and mirror wills. Make
 them this week if the estate is straightforward.

Scotland is different; do not use an England and Wales document there. Joint tenancy
 of a house only saves the house. A court claim is not an estate plan. Skip standard
 mirror wills if you need a life-interest trust for children from a previous
 relationship. Checked 22 August 2026.

## Do unmarried couples inherit without a will at a glance?

An unmarried partner inherits nothing under England and Wales intestacy. Children take
 before the surviving parent. Joint tenants keep the house; tenants in common do not
 automatically. Mirror wills at SwiftWill cost £55 for both. Around 54–60% of UK adults
 have no will — for cohabitees that is not paperwork, it is the home.

- £0 What a cohabiting partner inherits under intestacy. Length of relationship does not matter.
- No Common-law marriage is not a thing in England and Wales. Gov.uk says so; so do we.
- £55 Mirror wills for both of you. Instant PDF. Free updates for life — not £10 a year.
- 2 years Minimum cohabitation before a 1975 Act claim is even possible — expensive, slow, uncertain.

## Does an unmarried partner inherit anything without a will?

No. There is no common-law marriage in England and Wales, however long you have lived
 together. Under the
 [intestacy rules](/intestacy-rules/), a cohabiting partner is a legal stranger:
 the estate passes to children, then parents, then siblings, and ultimately to the Crown.

People hear “we’ve been together twenty years” and assume the law has caught up. It has
 not. Cohabitation rights bills have been discussed for years. Until Parliament changes
 the Administration of Estates Act, the formula ignores your partner. Do not wait for a
 reform that has no timetable.

Marriage or a civil partnership would put the survivor on the spouse ladder — including
 the £322,000 statutory legacy if there are children. That is a genuine legal change, not
 a romantic one. If you do not want to marry, a will does the inheritance job without the
 ceremony.

## What happens in real life if an unmarried partner dies intestate?

A home in one name can pass to blood relatives, not the surviving partner. If you have
 children together, the estate is held for the children until 18 — not for the parent raising
 them. Joint tenancy of a house only saves the house, not savings, pensions or possessions.
 A will for £35, or
 [mirror wills for £55](/mirror-wills/), prevents all of this.

- **Twenty years together, home in your partner's name.** They die without a will. The house and everything else passes to their blood relatives. You inherit nothing — and may have to leave your home.
- **Children together, unmarried.** The estate passes to the children, held in trust until they are 18 — not to you, the parent raising them. You could end up in court claiming against your own children's inheritance.
- **Both names on the house?** Only the "joint tenants" form of co-ownership passes the home automatically. Savings, possessions and everything else still follow the intestacy rules.

Banks freeze sole-name accounts. The survivor cannot “just explain”. They need a grant
 or a small-estate process, and the people entitled under intestacy are the ones the bank
 listens to. See
 [bank accounts after a death](/bank-accounts-after-death/) and
 [my partner died without a will](/scenarios/my-partner-died-without-a-will/).

## Can an unmarried partner claim against the estate in court?

Sometimes. If you lived together as a couple for at least two years before the death, or
 were financially dependent, you can apply under the Inheritance (Provision for Family and
 Dependants) Act 1975. Claims are expensive, slow, stressful and uncertain — and you will be
 litigating against your partner's family while grieving. A will is cheaper and kinder.

A 1975 Act award is often maintenance, not “half the house because we were as good as
 married”. You might win the right to stay for a time, or a lump sum, after legal fees
 and a wait measured in years. Do not build your life on that. Build it on two signed
 wills.

If a claim is already running, this page is not legal advice. Instruct a solicitor who
 does Inheritance Act work. SwiftWill will not sell you a PDF for a live dispute.

## Does owning a home together protect an unmarried partner?

Only the house, and only if you own it as joint tenants. As tenants in common, each share
 passes under the will — or, without one, under intestacy to blood relatives. Check your Land
 Registry title. Most couples should make wills either way, because a home is never the whole
 estate.

Joint tenancy is survivorship: the dead owner’s name drops off, the survivor owns the
 lot, no probate of that share. Tenants in common own percentages. Those percentages are
 will property. If you bought with unequal deposits, you may already be tenants in common
 without realising. Scenario page:
 [unmarried, own a house together](/scenarios/we-own-a-house-together-but-arent-married/)
 .

A declaration of trust is not a will. It deals with the house, not the rest. You still
 need a will for everything else, and often for the house too if you are tenants in
 common.

## Do both unmarried partners need a will?

Yes. A will belongs to one person. Your partner cannot leave “our stuff” in a single
 document. If only one of you has a will, the other still dies intestate. Mirror wills are
 two matching documents — typically everything to each other, then to the same people.

That is the same rule as for spouses:
 [do both spouses need a will](/do-both-spouses-need-a-will/). Marriage adds
 the spouse intestacy ladder; it does not make one will cover two lives. Unmarried
 couples simply have more to lose if they skip the second document.

## What if we have children but are not married?

Without wills, the surviving parent does not inherit the deceased’s estate — the children
 do, held until 18. That can lock the survivor out of money needed to raise them. Both
 parents should make a will, name guardians, and say who manages the money. See
 [writing a will with children](/writing-a-will-with-children/) and
 [unmarried parents: both need a will](/scenarios/we-have-children-but-are-not-married/)
 .

Parental responsibility is not inheritance. Having PR lets you make decisions for a
 child; it does not give you the deceased’s savings. Guardians in a will only take effect
 if both parents with PR have died — still name them, because accidents come in pairs.

## What is the simplest protection for an unmarried couple?

Mirror wills: two matching documents, each leaving everything to the other first, then to
 agreed ultimate beneficiaries. At SwiftWill they cost **£55 for the pair**,
 take about 15 minutes each, and include free updates for life. Skip standard mirror wills if
 either of you has children from a previous relationship — that usually needs a solicitor.

Around 54–60% of UK adults have no will at all; for unmarried couples, that is not a
 paperwork gap, it is the difference between your partner keeping their home and losing it.
 Read [how mirror wills work](/mirror-wills/). They are not binding on the
 survivor — the first to die cannot stop the second from changing their will later. If you
 need that lock, you need a trust, not a template.

How to make the documents, then how to sign them:
 [how to make a will in the UK](/how-to-make-a-will/) and
 [how to sign a will](/how-to-sign-a-will/). Two ceremonies, two pairs of
 witnesses — or the same two independent adults, twice, if they inherit nothing under
 either will.

## When should an unmarried couple skip an online will?

Skip SwiftWill if you need a life-interest trust so a new partner can stay in the home
 then children from a first relationship take the capital, if you have foreign property,
 if you need inheritance-tax planning, or if you expect a dispute. The suitability check
 redirects before you pay. A 1975 Act fight already started is solicitor work.

Straightforward “everything to each other, then to our children or our families” is
 exactly what mirror wills are for. That is most unmarried couples. Honesty is not a
 reason to scare you into a £300 appointment you do not need; it is a reason to stop
 you buying the wrong product.

## The verdict: should you make mirror wills this week?

Yes, if you live together in England or Wales, you are not married, and you want the
 other person to inherit. Intestacy will not do it. A two-year court claim will not do it
 cheaply. Mirror wills at £55, then two signing ceremonies with independent witnesses.
 Skip this product if you need a trust for a blended family.

This page is not a marriage-versus-will sermon, not Scotland, and not the full intestacy
 table. If you only needed the formula, stay on
 [intestacy rules](/intestacy-rules/). If you needed the documents, start
 [the interview](/start/).

## Frequently asked questions

### Does an unmarried partner inherit if there is no will in England?

No. There is no common-law marriage in England and Wales. If your partner dies without a will, you inherit nothing under the intestacy rules — not after 20 years, not if you have children together. The estate goes to their children, parents, siblings, or ultimately the Crown. Mirror wills at £55 are the simple fix.

### Does a common-law wife or husband have inheritance rights?

No. There is no such thing as common-law marriage in England and Wales, no matter how long the relationship. If your partner dies without a will, you inherit nothing under the intestacy rules. The only reliable protection is a will.

### We have lived together for 20 years and have children. Surely I would inherit?

No. The intestacy rules ignore cohabitation completely. Your partner’s estate would pass to your children (held in trust until they are 18) — not to you. You could be forced to make a court claim against your own children’s inheritance to keep your home. A will prevents all of this for £35.

### Can an unmarried partner claim against the estate?

Yes, in some cases. If you lived together as a couple for at least two years before the death, or were financially dependent, you can apply to court under the Inheritance (Provision for Family and Dependants) Act 1975. Claims are expensive, slow, stressful and uncertain. A will is cheaper and kinder.

### We own our home together — does it automatically pass to me?

It depends on how you own it. As joint tenants, the home passes automatically to the survivor outside the will. As tenants in common, your partner’s share passes under their will — or, without a will, under intestacy to their blood relatives. Check which you are. A home is never the whole estate.

### What is the simplest way for an unmarried couple to protect each other?

Mirror wills: two matching wills leaving everything to each other first, then to agreed ultimate beneficiaries. At SwiftWill they cost £55 for the pair, take about 15 minutes each, and include free updates for life.

### Should unmarried couples use the same executor?

Usually, yes — most couples appoint each other as executor first, with a shared substitute (a trusted friend or relative) in case you both die together. Our mirror-will flow sets this up automatically and you can change any of it.

### Do unmarried couples both need a will?

Yes. A will belongs to one person. Your partner’s will cannot speak for you. If only one of you has a will, the other still dies intestate. Mirror wills are two documents, not one.

### What if we have children but are not married?

Without wills, the surviving parent does not inherit the deceased’s estate — the children do, held until 18. That can lock the survivor out of money needed to raise them. Both parents need a will, and should name guardians. See writing a will with children.

### When should an unmarried couple skip online mirror wills?

If either of you has children from a previous relationship and you need a life-interest trust so the survivor can stay in the home then the children take the capital — that is solicitor territory. Also skip SwiftWill for tax planning, foreign property or a likely dispute.

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Markdown: https://swiftwill.co.uk/will-for-unmarried-couples.md
Last modified: 2026-08-22
Author: Marcus Kaiser (https://swiftwill.co.uk/author/marcus-kaiser/)