Wills for Unmarried Couples in the UK

A clear, practical guide to mirror wills, property protection, and the small handful of clauses that turn the worst day in a family's life from a legal disaster into a paperwork exercise.

Why this matters more for unmarried couples

Married couples have a fallback when something goes wrong with their estate planning: the UK intestacy rules give a surviving spouse the first £322,000 plus half of the remainder of the estate, plus all personal belongings. Cohabiting couples have no fallback at all. The intestacy rules give an unmarried partner nothing.

For an unmarried UK couple, the will isn't a nice-to-have. It is the single document that creates inheritance rights between partners. Without it, the law treats you as legally unrelated for inheritance purposes, regardless of how long you have lived together.

What is a mirror will?

Mirror wills are two separate wills — one for each partner — with matching terms. Typically:

• Each partner leaves their entire estate to the other
• Each names the other as the executor
• Each names the same substitute beneficiaries (usually children, or named family) for the case where both partners die simultaneously or the survivor inherits and later dies without changing the will
• Each names the same guardians for any minor children

Mirror wills are not the same as a "joint will" — a single document signed by both partners. Joint wills are legal in the UK but rarely used, because they create complications about whether the survivor can change the terms after the first partner dies. Mirror wills give each partner the freedom to update their own will independently.

The five clauses that matter most

The property question

This is where cohabiting couples lose the most money. Two unmarried partners who buy a home together hold the property as either joint tenants or tenants in common. The difference:

Joint tenants

Both partners own the whole property jointly. On the death of one, the deceased's interest passes automatically to the survivor under survivorship — bypassing the will and the estate entirely. Safest arrangement for cohabiting couples.

Tenants in common

Each partner owns a defined share. On death, the deceased's share passes under their will (or under intestacy if no will). The survivor can end up co-owning the home with the deceased's parents or siblings.

Check which form you hold by ordering an Official Copy of Register from HM Land Registry for £3. If you find you're tenants in common when you assumed joint tenants, you can convert via a "deed of severance" — or, more commonly, just write a will that leaves the share to your partner.

Inheritance Tax for unmarried couples

This is the area where UK law treats cohabitees most harshly. Each partner has their own allowances:

• Nil-rate band: £325,000 (current per HMRC, frozen until April 2030)
• Residence nil-rate band: £175,000 if leaving the main home to a "direct descendant" (children, grandchildren — but not a partner)

What unmarried partners cannot do:

• Cannot use the spousal exemption. Transfers between unmarried partners are not exempt from IHT. A £500,000 home left to a partner could trigger a substantial IHT bill.
• Cannot transfer the unused nil-rate band on the first death. Married couples can combine allowances up to £1m; cohabitees cannot.
• Cannot use the Additional Permitted Subscription for inherited ISAs.

For unmarried couples with estates approaching or above £325,000, the practical workarounds include:

• Life insurance written in trust to cover the projected IHT bill
• Direct gifting during life (seven-year rule applies)
• Trusts for children (so the residence nil-rate band can be used)
• Reviewing pension nominations (most pensions sit outside the estate for IHT)

None of these are trivial. If your estate is above the threshold, get qualified advice — a 30-minute call with a UK estate planner often saves five figures.

Children and guardianship

Children of unmarried parents inherit from each parent under intestacy regardless of marital status. But the surviving partner — the children's other parent — may inherit nothing themselves. This creates a common, awkward outcome: a household where all the assets are held in trust for under-18 children, and the surviving parent has no liquid funds.

A properly written will fixes this by either:

• Leaving the estate to the surviving partner outright (simple, fast, low cost)
• Using a "life interest trust" where the surviving partner has access to the assets during their lifetime, with the children inheriting on the second death (more complex, useful for blended families)

For most cohabiting couples with shared children, the first option works perfectly. For blended families — where one or both partners have children from previous relationships — the trust option is worth a conversation with a qualified planner.

Pensions and life insurance — outside the estate

Most UK workplace and personal pensions are held in trust by the scheme administrator. They pass to the beneficiary named on the pension's nomination form, not under the will. If you nominated your partner before you signed the lease on your first flat together — and never updated it — they may not be on the form. Call every pension provider this week. Update every form.

Life insurance written in trust pays directly to the beneficiary. Life insurance not written in trust pays into the estate, where it can become subject to IHT and intestacy. For unmarried couples, putting the policy in trust is almost always worth the small administrative step.

What the ClearLegacy process looks like

1. You each spend about 20 minutes answering the online questions — assets, wishes, beneficiaries, guardians, substitutions.
2. Our system drafts the two mirror wills.
3. A qualified UK estate planner reviews both documents — checking the clauses fit together, the wording is legally sound, and your situation hasn't flagged anything unusual.
4. You receive the final wills as PDFs (and printable forms) usually within 1–2 working days.
5. You sign them in front of two adult witnesses (who must not be beneficiaries). Each partner keeps their own original.
6. The signed wills are stored digitally on our system for free.

Mirror wills are £99 for the pair. Estate planner review is included. There are no upsells, no add-ons, and no ongoing fees.

Frequently asked questions

Do unmarried couples in the UK need a will?

Yes, and more urgently than married couples. Without a will, an unmarried partner inherits nothing under UK intestacy rules.

What is a mirror will?

Two separate wills with matching terms — each partner names the other as primary beneficiary and executor, with matching substitute beneficiaries.

Can unmarried couples use the £1m IHT allowance?

No. The transferable nil-rate band is only available to married couples and civil partners. Each unmarried partner uses only their own allowance.

What should be in an unmarried couple's will?

Five clauses: residuary clause leaving the estate to the partner; executor appointment; guardianship for children; substitute beneficiaries; property handling if held as tenants in common.

How long does it take to make a will online?

About twenty minutes to complete the online form. The final will is sent to you within 1–2 working days after estate planner review.