Can My Partner Inherit Without a Will?

Written by: SL · Last updated: May 2026

The short answer in a single table

The rest of this page walks through each scenario in detail, with the underlying law and the practical consequences.

The intestacy rules — the rulebook everyone is subject to

When someone dies in the UK without a valid will, their estate passes under fixed rules called the intestacy rules. They are set out in the Administration of Estates Act 1925 (as amended). The estate passes in priority order to:

1. A spouse or civil partner
2. Children (then grandchildren — "per stirpes")
3. Parents
4. Brothers and sisters (whole blood, then half blood)
5. Grandparents
6. Aunts and uncles
7. The Crown — bona vacantia

This is the order in which the law looks for someone to inherit. Where the deceased's partner falls in this hierarchy — or whether they fall in it at all — depends entirely on the partner's legal status.

Scenario 1 — You are married

Scenario 2 — You are in a civil partnership

Scenario 3 — You are cohabiting (unmarried, no civil partnership)

Scenario 4 — You are married but separated

Scenario 5 — You are divorced

Scenario 6 — You are engaged but not married

Why the "what about joint accounts and joint property?" answer matters

For almost every couple — married or not — the largest single asset is the family home and the second largest is the pension. Both of these often sit outside the estate for intestacy purposes:

• The home held as joint tenants passes automatically to the survivor by survivorship. No will, no probate. This is the single most important fact for cohabiting couples to know.
• The home held as tenants in common passes the deceased's share under their will (or under intestacy if no will). The survivor can end up co-owning the home with the deceased's parents, siblings, or children.
• Pensions with a nomination form pass to the nominated beneficiary directly. If the form names the partner, the partner receives the benefit — whether married or not.
• Life insurance written in trust bypasses the estate and pays directly to the nominated beneficiary.

For most cohabiting couples, the practical fix is therefore three documents:

1. A will (or pair of mirror wills) naming each partner as beneficiary and executor.
2. HM Land Registry confirmation that the home is held as joint tenants (or a deed of severance if not).
3. Updated pension nomination forms and life insurance trust deeds.

How long inheritance without a will actually takes

Even where the partner does inherit under intestacy, the process is slower than with a will. Without a will, the deceased's representative applies for Letters of Administration rather than Probate. The administrator has the same powers as an executor, but the application:

• Requires the entitled relatives to be identified and contacted
• Often requires sureties (a guarantee from a third party) for higher-value estates
• Typically takes 12–24 months from death to estate distribution — sometimes longer where the estate is contested
• Costs more in legal fees than a standard probate application

By comparison, a clean probate with a valid will and one or two executors typically takes 6–12 months. The difference is largely in the time spent identifying who is entitled and applying the statutory rules to the assets.

The simple takeaway

Without a will, your partner's inheritance is determined by the law, not by you. For a spouse or civil partner, the default is partial — they inherit the statutory legacy and half the remainder, but children take the other half. For a cohabiting partner, the default is nothing.

The only way to control what your partner inherits — whether you are married or cohabiting — is to write a will. The document costs £69 for a single will or £99 for a pair of mirror wills. It takes twenty minutes to draft and is reviewed by a qualified estate planner before it is finalised. It is the single highest-leverage document in UK personal estate planning.

Frequently asked questions

Can my partner inherit if I die without a will in the UK?

It depends on your status. A spouse or civil partner inherits the first £322,000, all personal belongings, and half of any remainder. A cohabiting partner inherits nothing automatically. The only routes for a cohabitee are joint property, nominated pension or life-insurance benefits, or a 1975 Act court claim.

Does my husband or wife automatically inherit everything?

Only if the estate is under the statutory legacy of £322,000 and there are no children. Above that figure, or where there are children, the spouse takes the legacy, half the remainder, and personal belongings; children share the other half.

Does a civil partner inherit the same as a spouse?

Yes. The Civil Partnership Act 2004 treats civil partners identically to spouses for intestacy purposes.

Can my fiancé inherit if we are engaged but not married?

No. Engagement creates no inheritance rights. Until the marriage takes place, your fiancé is treated as a cohabiting partner (if living together) or a third party (if not). Neither inherits automatically.

Can a separated spouse still inherit?

Yes — until Decree Absolute (or Final Order) is granted. Separation alone does not change inheritance rights. Updating the will immediately on separating is the practical step.

What happens to a divorced spouse on intestacy?

They inherit nothing — they are treated as having predeceased. Gifts in any existing will are also treated as failed (Wills Act 1837 s.18A), but the rest of the will stands. A new will after divorce is cleaner.

What happens to joint property if my partner dies without a will?

If held as joint tenants, the survivor takes the whole property automatically by survivorship. If held as tenants in common, the deceased's share passes under their will, or under intestacy if no will.

How long does inheriting without a will take?

Letters of Administration typically take 12–24 months, compared to 6–12 months for probate with a valid will. The delay comes from tracing entitled relatives and applying the statutory rules.

Can an unmarried partner be the executor without a will?

No. Without a will there is no executor; an "administrator" applies for Letters of Administration, and the right to apply follows the same blood-relative hierarchy as inheritance. The unmarried partner is not on the list.

What is the single most important thing for a cohabiting UK couple?

A will — or a pair of mirror wills. It is the only document that creates inheritance rights between cohabiting partners.