Can unmarried partners inherit?
No — not automatically. Under the intestacy rules in England and Wales, an unmarried or cohabiting partner has no right to inherit, however long you have lived together or whether you have children. There is no such thing as common-law marriage. The only ways a surviving partner can inherit are by being named in a will or by bringing a claim under the Inheritance Act 1975.
Detailed explanation
This is one of the most damaging myths in UK estate planning. Many cohabiting couples believe that after a few years together they become "common-law" spouses with similar rights. They do not. Common-law marriage has no legal status in England and Wales. For inheritance, only a spouse or civil partner is recognised by the intestacy rules.
The consequence is stark. If you live with a partner, are not married or in a civil partnership, and you die without a will, your partner inherits nothing automatically. Your estate passes instead to your blood relatives under the intestacy order — children, parents, siblings, and so on. Your partner could even find themselves negotiating with your relatives over a home you shared.
There are two ways to protect a partner:
- Make a will leaving them what you intend. This is the simplest, cheapest and most certain solution.
- Where appropriate, own your home as joint tenants, so it passes to the survivor automatically, and keep pension and life-insurance nominations up to date.
Without a will, a surviving cohabitant's only fallback is a claim under the Inheritance Act 1975, available to a partner who lived with the deceased as a couple for at least two years before death, or who was being maintained by them. But this is a court claim — uncertain, time-limited (usually six months from probate), and stressful at the worst possible time.
Tom and Rachel lived together for 15 years in a house owned in Tom's sole name. They never married and Tom had no will. When Tom dies, the intestacy rules pass his entire estate — including the house — to his estranged brother. Rachel inherits nothing automatically and must bring a 1975 Act claim to stay in her home. A simple will leaving the house to Rachel would have prevented all of it.
Sources
- Administration of Estates Act 1925 (intestacy rules) — legislation.gov.uk
- Inheritance (Provision for Family and Dependants) Act 1975, s1(1)(ba) (cohabitants) — legislation.gov.uk
- GOV.UK — Inheritance: rules when there's no will
- Reviewed by
- Michael Smith, Estate Planning Specialist
- Last reviewed
- June 2026
- Next review
- December 2026
- Jurisdiction
- England & Wales
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