Living together is not the same as legal protection
Many couples assume that living together — especially for years, or with children — gives them rights. It doesn't. Under the intestacy rules, an unmarried partner inherits nothing automatically; the estate passes to blood relatives. A surviving partner may even have to bring a stressful court claim just to stay in their home. A pair of Wills removes that risk entirely.
What happens if you don’t have a Will
- There is no common-law marriage — an unmarried partner has no automatic inheritance rights, ever.
- Under intestacy your estate passes to relatives (children, parents, siblings), not your partner.
- A surviving partner may have to bring an Inheritance Act 1975 claim — normally within six months of the grant of probate or letters of administration — just to be provided for.
- If your home is in one name or held as tenants in common, your partner could lose their place to live.
Why unmarried couples specifically need a Will
- Leave your estate to each other — the only reliable way without marriage or a civil partnership.
- Protect the survivor's right to stay in your home.
- Provide for any children alongside your partner.
- Avoid a costly, stressful Inheritance Act claim against your own family.
- Mirror Wills cover you both for £99 — drafted from the same answers.
What happens to your Wills if you later marry?
Many unmarried couples make Wills now and plan to marry or form a civil partnership later. It is worth knowing that under section 18 of the Wills Act 1837, marriage or civil partnership automatically revokes an existing Will. If you marry and don't make new Wills, you are back under the intestacy rules.
There is one exception. A Will that is made in contemplation of marriage to a named person and says it should not be revoked by that marriage survives the wedding. That only works if you marry the person named.
Marriage would also change what happens if there is no Will: a spouse or civil partner inherits under intestacy where an unmarried partner gets nothing. But the intestacy split may still not match your wishes, especially if either of you has children.
So the simple rule is: make Wills now to protect each other, then make new ones after the wedding. If you separate instead, your Wills are not cancelled automatically. Update them straight away.
How ClearLegacy helps
Answer a few guided questions
Tell us about you, your partner and what you want for each other.
Review and confirm
You both review and confirm before anything is finalised.
Pay securely
£99 for Mirror Wills covering you both — secure Stripe checkout, no hidden fees.
Receive your Wills usually in 24 hours
First drafts straight after payment. Every Will is checked before it's issued, ready to print, sign and witness.
Simple, fixed pricing
No hourly billing. No hidden fees. One free update included.
Frequently asked questions
Does my partner automatically inherit if we're not married?
No. There is no common-law marriage in England & Wales. Under the intestacy rules an unmarried partner inherits nothing automatically, regardless of how long you've lived together or whether you have children. Only a Will can leave your estate to your partner.
We own our home together — is that enough?
It depends how you own it. As joint tenants, the home passes to the survivor automatically. As tenants in common, your share passes under your Will — or to relatives under intestacy if you have no Will. A Will makes your intentions certain either way.
What are Mirror Wills?
Mirror Wills are two near-identical Wills for a couple — typically leaving everything to each other, then to the same people afterwards. They cover you both for £99, drafted from one set of answers.
