Do unmarried partners have inheritance rights?

No automatic rights. A cohabiting partner inherits only if named in a will, through joint ownership passing by survivorship, or by a successful Inheritance Act 1975 claim. There is no common-law marriage in England and Wales.

Can I claim if my partner died without a will?

Possibly. If you lived together as a couple for at least two years, or were financially maintained by them, you may claim reasonable provision under the Inheritance Act 1975, usually within six months of probate.

What are my rights as an unmarried partner? (decision tree)

England & Wales · Decision tree · Download PDF

How to use this

Cohabiting partners have no automatic inheritance rights. This tree shows what you can rely on if your partner dies, and where you may need to make a claim.

Work through the tree

Step 1

Are you married or in a civil partnership?

YesYou have spousal rights.As a spouse or civil partner you inherit under the will or, if there's none, under the intestacy rules. This tree is for unmarried partners.

NoGo to step 2 ↓

Step 2

Did your partner leave a valid will naming you?

YesYou inherit as the will provides.A will is the most reliable protection — you receive whatever it leaves you.

NoGo to step 3 ↓

Step 3

Was your home owned together as joint tenants?

YesThe home passes to you by survivorship.A joint-tenancy home transfers automatically to you, outside the will and intestacy. Other sole-name assets still don't.

NoGo to step 4 ↓

Step 4

Did you live together as a couple for at least 2 years, or were you financially maintained by them?

YesYou may claim under the Inheritance Act 1975.You can apply to the court for reasonable financial provision — usually within six months of probate. Get advice quickly.

NoNo automatic entitlement.Without a will, joint ownership, or a qualifying claim, you have no automatic right to inherit. Seek legal advice on any options.

Possible outcomes at a glance

Named in a will: you inherit as it provides — the safest route.
Joint-tenancy home: passes to you automatically by survivorship.
2+ years cohabiting or maintained: you may claim under the Inheritance Act 1975 (within ~6 months of probate).
None of these: no automatic entitlement — there is no common-law marriage in England and Wales.

Sources

Inheritance (Provision for Family and Dependants) Act 1975, s1(1)(ba) — legislation.gov.uk
Administration of Estates Act 1925 (intestacy) — legislation.gov.uk
HM Land Registry — Joint property ownership (GOV.UK)

Reviewed by: ClearLegacy editorial team
Last reviewed: June 2026
Next review: December 2026
Jurisdiction: England & Wales

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What are my rights as an unmarried partner? (decision tree)

Work through the tree

Possible outcomes at a glance

Sources

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