We have children but are not married
In short
Your children are your legal heirs, but you and your partner are not each other's. If one of you dies without a will, your estate passes to your children under intestacy — managed for them until 18 — while your surviving partner inherits nothing automatically. A will lets you provide for your partner and appoint guardians for young children.
The situation
You and your partner have children together but are not married or in a civil partnership.
What happens legally
Two separate issues arise: who inherits, and who cares for the children.
- Under intestacy, your estate passes to your children (held on trust until they turn 18), not to your unmarried partner.
- Your surviving partner has no automatic inheritance right and may need an Inheritance Act 1975 claim.
- Without a will appointing guardians, the courts decide who cares for your children if both parents die — a surviving parent with parental responsibility normally continues to care for them, but gaps can arise.
- Money passing to minor children under intestacy is managed by administrators/trustees until adulthood, with less flexibility than a tailored will trust.
The risks
- A surviving partner could be financially exposed while the children's inheritance is locked in trust.
- No appointed guardians can mean uncertainty or disputes over who raises young children.
- Children inheriting outright at 18 may receive large sums before they are ready.
Recommended actions
- Make wills that provide for both your partner and your children.
- Appoint legal guardians for any children under 18.
- Consider a trust so children inherit at an age you choose, not automatically at 18.
- Ensure both parents have parental responsibility recorded.
Sources
- Administration of Estates Act 1925 (intestacy) — legislation.gov.uk
- Children Act 1989 (guardianship and parental responsibility) — legislation.gov.uk
- GOV.UK — Make a will; 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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