My partner died without a will
In short
If you were not married or in a civil partnership and your partner died without a will, you have no automatic right to inherit — the estate passes to their blood relatives under the intestacy rules. You may be able to claim reasonable provision under the Inheritance Act 1975 if you lived together for at least two years, but you must usually act within six months of probate.
The situation
Your partner has died without leaving a valid will, and you were living together but not married or in a civil partnership.
What happens legally
Without a will, the intestacy rules apply, and they do not recognise unmarried partners:
- The estate passes to the deceased's spouse (if any), then children, then parents, siblings and other blood relatives — never to an unmarried partner.
- A jointly owned home held as joint tenants still passes to you automatically by survivorship, outside intestacy.
- You may bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if you cohabited as a couple for at least two years before death, or were financially maintained.
- A 1975 Act claim must usually be made within six months of the grant of probate (or letters of administration).
The risks
- You could be left with no inheritance and, if the home was in your partner's sole name, no automatic right to remain there.
- Missing the six-month deadline can bar a 1975 Act claim entirely.
- Disputes with the deceased's relatives, who inherit under intestacy, can be distressing and costly.
Recommended actions
- Check how any property was owned (joint tenants vs sole name / tenants in common).
- Get early legal advice on an Inheritance Act 1975 claim and the six-month deadline.
- Gather evidence of cohabitation and financial interdependence (shared bills, tenancy, accounts).
- If you are an administrator or beneficiary, see our guide on what to do after a death.
Sources
- Inheritance (Provision for Family and Dependants) Act 1975, s1(1)(ba) — legislation.gov.uk
- Administration of Estates Act 1925 (intestacy) — 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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