If my partner died without a will, what do I inherit?

If you were not married or in a civil partnership, you inherit nothing automatically under UK intestacy rules. The estate passes to the deceased's blood relatives. You may have a claim under the Inheritance Act 1975 if you cohabited for at least two years, but it must be brought in court within six months of probate.

How long does probate take without a will in the UK?

Letters of administration typically take 12 to 24 months to complete, compared to 6 to 12 months with a valid will. The bottleneck is identifying entitled relatives and resolving any disputes between them.

What is a 1975 Act claim?

A claim under the Inheritance (Provision for Family and Dependants) Act 1975. A cohabiting partner of at least two years can apply for reasonable financial provision from the estate. It is litigated in court, costs £15,000 to £50,000 in legal fees, and takes 12 to 24 months.

Can I stay in the house if my partner dies without a will?

If you and your partner owned the home as joint tenants, you become the sole owner automatically under survivorship. If you owned it as tenants in common, your partner's share passes to their blood relatives under intestacy — you may need to negotiate or buy them out to remain.

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For Bereaved Cohabiting Partners

What Happens If My Partner Dies Without a Will

Q: Who can apply for letters of administration?

Letters of administration are granted in priority order to: spouse or civil partner; children; parents; siblings; more distant relatives. An unmarried partner cannot apply unless no blood relatives can be traced or they renounce.

If you're reading this in the aftermath: take a breath. This page is the practical sequence — what to do, what the law allows, and where you have leverage. Bookmark it, share it with whoever is helping you. Nothing here is legal advice; it is the framework to start from.

If this just happened — the immediate practical steps come before the legal ones. Register the death within 5 days (8 in Scotland) at the local register office; gov.uk Tell Us Once notifies most government departments in one go; arrange the funeral; tell employers, landlords, and the bank. These come before any inheritance question.

Your legal position as an unmarried partner

Under the Administration of Estates Act 1925, when someone dies in the UK without a will, the estate passes under fixed intestacy rules to a hierarchy of blood relatives. The hierarchy is, in priority order:

Spouse or civil partner
Children (then grandchildren, then great-grandchildren)
Parents
Brothers and sisters (whole blood, then half blood)
Grandparents
Aunts and uncles
The Crown (if no relatives can be traced — bona vacantia)

An unmarried cohabiting partner is not on this list. Regardless of how long you lived together, regardless of shared children, regardless of joint finances, the estate does not pass to you under intestacy.

This is the worst surprise UK probate courts see regularly. A partner of 20 or 30 years assumes they have inheritance rights, then learns at the worst possible time that they don't. If you're in this situation, you are not alone — and there are still routes available to you.

What you can do, in order

Step 1 — Confirm whether there is genuinely no will. Search the home for an envelope marked "Will" or "Last Testament". Check whether your partner used a UK will-writing service (Farewill, Co-op Legal, ClearLegacy, a local solicitor) — call each one. Search the National Will Register at certaintynwr.co.uk (free first-tier search). Many "no will" cases turn out to have one.

Step 2 — Identify who can apply for Letters of Administration. Without a will, no one is named as executor. Instead, a "personal representative" applies for Letters of Administration. The right to apply follows the same blood-relative hierarchy above. As the unmarried partner, you cannot apply unless all blood relatives renounce in writing or none can be found.

Step 3 — Establish how the property is owned. Order an Official Copy of Register from HM Land Registry for £3. If you held the home as joint tenants, the deceased's share passes to you automatically — separate from the estate. If as tenants in common, the deceased's share is part of the estate and passes under intestacy.

Step 4 — Check pensions and life insurance nominations. Contact every pension provider, every workplace pension scheme, and any life insurance providers. If you were named as a beneficiary on the nomination form, you receive those funds — and they bypass the intestacy rules entirely. This is often the largest single inheritance for an unmarried partner.

Step 5 — Decide whether to bring a 1975 Act claim. Under the Inheritance (Provision for Family and Dependants) Act 1975, an unmarried partner who lived with the deceased as if a spouse for at least the two years immediately before death can apply for "reasonable financial provision" from the estate. The claim must be filed within six months of Letters of Administration being granted. It is litigated in court. Costs typically £15,000–£50,000.

Step 6 — Negotiate with the entitled relatives. Many 1975 Act situations resolve before court because the entitled relatives understand the moral position and want to avoid litigation. A solicitor's letter outlining your potential claim and proposing a settlement often achieves what court would take 18 months to confirm. Mediation through the Family Mediation Council can be faster and cheaper than litigation.

What you can probably keep regardless of intestacy

Joint bank accounts — pass automatically to the survivor by the right of survivorship.
Jointly owned property held as joint tenants — passes automatically.
Pension death benefits where you are the nominated beneficiary.
Life insurance written in trust for you as the beneficiary.
Personal items in your sole possession at the time of death (your clothes, your phone, etc.) — these are yours regardless.

What is at risk under intestacy

Sole-name bank accounts and savings — pass to the estate, then to relatives.
The deceased's share of property held as tenants in common.
ISAs — pass to the estate; no Additional Permitted Subscription transfer to a cohabitee.
Pension benefits where you were not nominated, or where the policy is paid into the estate.
Personal possessions of the deceased (cars, jewellery, electronics) — pass to entitled relatives unless gifted in life.

When to get a solicitor involved

You don't need a solicitor for routine administration if there's a will and the estate is simple. You almost certainly need one if:

You are pursuing a 1975 Act claim
The estate value exceeds the Inheritance Tax threshold and there are decisions about apportionment
There is a dispute between blood relatives about who should administer the estate
The estate includes a business or foreign assets
Property ownership is contested

The Law Society's Find a Solicitor tool lets you filter for contentious probate specialists in your area. A 30-minute consultation often clarifies whether you have a meaningful claim — many solicitors offer the first call free.

The lesson, gently

If you are reading this for someone else — a colleague, a friend, your parents — the practical takeaway is simpler than it sounds: cohabiting UK couples need wills more urgently than married couples do. A mirror will costs less than a Friday-night takeaway, takes twenty minutes, and removes the entire intestacy default. If you are the surviving partner in this situation, please consider getting your own will sorted as soon as your own affairs settle — the next generation of your family will thank you.

For your own next chapter.

When the immediate weight of this has lifted, the simplest thing you can do for the people who love you is what your partner couldn't.

Start a single will

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Frequently asked questions

If my partner died without a will, what do I inherit?: If you were not married or in a civil partnership: nothing automatically. You may have a claim under the 1975 Act if you cohabited for at least two years. Joint property, joint accounts, and nominated pension benefits pass outside the intestacy rules.
Who can apply for Letters of Administration?: Blood relatives in priority order: spouse → children → parents → siblings → more distant relatives. An unmarried partner cannot apply unless all entitled relatives renounce or none can be found.
How long does probate take without a will?: Letters of Administration typically take 12–24 months, compared to 6–12 months with a will. The delay comes from tracing entitled relatives and resolving disputes.
What is a 1975 Act claim?: A claim under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision from the estate. Available to cohabitees of at least two years. Court-litigated. Costs £15,000–£50,000. Must be filed within six months of probate.
Can I stay in the house if my partner dies without a will?: If joint tenants: yes, automatically. If tenants in common: only if you can negotiate with or buy out the relatives who inherit your partner's share. Check at HM Land Registry for £3.

Sources & references
Administration of Estates Act 1925 · legislation.gov.uk
Inheritance (Provision for Family and Dependants) Act 1975 · legislation.gov.uk
Tell Us Once death notification service · gov.uk
HM Land Registry property records · gov.uk
National Will Register search · gov.uk
Family Mediation Council · familymediationcouncil.org.uk
The Law Society — Find a Solicitor · lawsociety.org.uk
Last reviewed: 21 May 2026. UK legal positions apply to England and Wales unless stated. This is general information, not legal advice — consult a qualified solicitor for advice on your specific situation.