What happens if an unmarried partner dies without a will?
The surviving partner inherits nothing under the intestacy rules. The estate goes to the deceased's children, or if there are none, to parents, then brothers and sisters and more distant relatives, under section 46 of the Administration of Estates Act 1925. GOV.UK is explicit that "common law marriages" do not exist in England and Wales, even after a long relationship or with children.
For a couple with children, that means the children inherit and the surviving parent does not. Children under 18 inherit on trust, so money may be tied up until they reach 18. You can check your own situation with the intestacy flowchart.
Will our home automatically pass to the survivor?
It depends on how the home is owned. Check your title or ask your conveyancer.
| Ownership | What happens |
|---|---|
| Joint tenants | The home passes to the surviving owner automatically. It cannot be left to anyone else in a will. |
| Tenants in common | Each share passes under its owner's will. Without a will, the deceased's share goes to their relatives, not the partner. |
| One partner's sole name | The home follows the owner's will. Without one, the other partner has no automatic right to it. |
GOV.UK explains joint ownership, and its will guidance recommends professional advice if you share property with someone who is not your spouse or civil partner. The mortgage and any declaration of trust also matter.
Can a surviving partner claim through the courts?
Sometimes. Under section 1 of the Inheritance (Provision for Family and Dependants) Act 1975, a partner can apply if they lived in the same household as the deceased, as if they were married or civil partners, for the whole two years immediately before the death. Someone who was being maintained by the deceased can also apply, whatever the length of the relationship.
A claim is not an entitlement. For a partner, the court can award only what is reasonable for their maintenance, not the wider provision available to a spouse, and the application must normally be made within six months of the grant of probate or administration (section 4). Take specialist advice quickly if you think you need to claim.
Is the law changing for cohabiting couples?
Not yet. On 5 June 2026 the Ministry of Justice launched a consultation, A fairer end to relationships, which included proposals to give cohabitants automatic rights to inherit when a partner dies without a will. The consultation closed on 14 August 2026. The government's announcement says it will consider the responses before finalising policy, and that reforms will follow when parliamentary time allows.
Separately, a private member's Cohabitation Rights Bill is in the House of Lords. Neither changes the law today, so a will remains the main way to make sure your partner inherits.
Do unmarried couples pay inheritance tax on what they leave each other?
They can. GOV.UK says the inheritance tax benefits of marriage and civil partnership do not apply to couples who live together without marrying. Gifts between spouses and civil partners are exempt and unused thresholds can pass to the survivor, but a gift to an unmarried partner counts towards the estate's £325,000 threshold (GOV.UK: Inheritance Tax). If your combined estate is near the threshold, get advice.
What should couples with children consider?
Think about who provides for the survivor, what the children receive, and who looks after children under 18. A guardian you name in your will normally takes over only when there is no surviving parent with parental responsibility (Children Act 1989, section 5). Children from a previous relationship, a dependant who cannot care for themselves, or a wish for the survivor to use assets before the children inherit, usually need tailored drafting. See writing a will with children.
Are mirror wills suitable for us?
They can be if your wishes match. Mirror wills are two separate wills; each partner can change theirs later, so they do not guarantee what the survivor leaves. SwiftWill's £55 pair uses one set of shared instructions with reciprocal substitutions, has no individual legal review, and appoints executors jointly without reserves. Its screening stops the interview if you share property with a partner you are not married to, because GOV.UK recommends advice in that situation.
What can you do today?
- Check how your home is owned.
- Check pension and life insurance nominations with each provider; they often sit outside the will.
- Agree who should inherit from each of you, including after both deaths.
- Ask your chosen executors and guardians whether they are willing.
- Make a will each, and sign and witness them separately.
The free will planner and what a will does not cover help you check the rest.
Sources
- GOV.UK: Marriages and civil partnerships, legal rights and responsibilities
- Administration of Estates Act 1925, section 46
- Inheritance (Provision for Family and Dependants) Act 1975, sections 1 and 4
- GOV.UK: Joint property ownership and Write your will
- Ministry of Justice: A fairer end to relationships (consultation, 5 June to 14 August 2026)
- Ministry of Justice: Millions of unmarried couples to get stronger rights (5 June 2026)
- UK Parliament: Cohabitation Rights Bill [HL]
- GOV.UK: How Inheritance Tax works
- Children Act 1989, section 5
Sources checked 24 September 2026.