Quick answer: If you die without a Will, your cohabiting partner does not automatically inherit under the intestacy rules in England and Wales. Your estate will pass to relatives set out by law, which can leave an unmarried partner needing to claim for financial provision or relying on others’ goodwill. A professionally drafted Will is the simplest way to protect each other.

Key points:

Unmarried partners are not beneficiaries under intestacy
A cohabiting partner may claim if they meet the 2-year test or were maintained
Most claims must be issued within 6 months of the Grant

Why this matters now

Cohabiting couples are one of the fastest-growing family types, yet the law still treats cohabitees very differently from spouses and civil partners.

There is no such thing as common-law marriage that automatically gives you the same rights.

A recent survey by Will Aid, published in Today’s Wills and Probate found that two thirds of cohabiting couples do not know what would happen if they died without a Will.

What happens if a cohabitee dies without a Will?

When someone dies intestate, strict legal rules decide who inherits and in what order. Unmarried partners are not on that list.

Depending on who survives the person who died, the estate may go to children, parents, siblings or more distant relatives.

This can produce very unfair outcomes for the partner who shared the home and bills.

The practical risks for cohabitees

Home and mortgage: If the home is solely in your partner’s name, you may have no automatic right to stay. If you own as tenants in common, their share follows the intestacy rules unless a valid Will says otherwise.
Savings and personal possessions: Bank accounts, investments and valuables that were in your partner’s sole name will usually pass to their relatives under intestacy.
Children: Without a Will naming guardians and making financial plans, decisions for minors fall to the family court and default rules, which can delay access to funds.

Can I make a claim if I’m a cohabiting partner?

Possibly. Cohabitees may claim reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 if they lived with the deceased as partners for at least two years immediately before death or were being financially maintained by them.

Most claims under the Inheritance (Provision for Family and Dependants) Act 1975 must be issued at court within 6 months of the date of the Grant of Probate or Letters of Administration, so early advice is essential.

Claims are fact-sensitive, time-sensitive and can be stressful and costly. A Will is far simpler.

Busting the biggest myth: there is no common-law spouse

Living together does not, by itself, give you general legal status or inheritance rights. This point has been made repeatedly in official research briefings and public guidance.

What to put in place as a cohabiting couple

Make coordinated Wills

Specify who inherits your home, savings and personal items. Decide guardians for any children, set up trusts where needed, and choose executors you trust. The intestacy rules will not do this for you.

Consider a life-interest or discretionary trust

Trusts in a Will can allow a surviving partner to live in the home for life while protecting children’s inheritances. The right structure depends on your family and property position.

Review property ownership

If you own a home together, check whether it is joint tenants or tenants in common and make sure the title and your Wills align with what you want to happen. Joint tenants pass the whole property to the survivor by survivorship, whereas a tenants in common share follows the Will or intestacy rules.

Plan for illness, not just death

Lasting Powers of Attorney let trusted people help with finances and health decisions if you lose capacity. Without them, partners may face delays and extra expense.

Tell people where the Will is

Store the original safely and tell your executors where it is. Using a professional Will storage solution can be a good option.

You can read more about making Wills as a cohabiting couple in our recent article.

Are reforms coming?

There is growing debate about modernising protections for cohabiting couples, and the government has indicated an intention to consult on reform.
Until any changes actually pass into law, cohabitees should not rely on proposals. Make a Will now based on the law as it stands.

Frequently asked questions

Do cohabiting partners pay Inheritance Tax differently?

Inheritance Tax is charged on estates according to the same thresholds for everyone, but the spouse or civil-partner exemption is not available to unmarried partners. A Will can help plan sensibly within the rules.

We have children together. Will they inherit everything and look after the surviving parent?

Children commonly inherit first under intestacy, not the surviving cohabitee. That can leave the partner without funds or security. A Will lets you balance children’s inheritances and your partner’s needs.

We have mirror Wills from years ago. Is that enough?

Possibly not. Life events like buying a home, having children or separating warrant a review. If you later marry or form a civil partnership, your existing Will might be affected by legal changes, so review with a professional.

How ELM Legal Services can help

Professionally drafted Wills designed for cohabiting couples, including protective trusts where appropriate
Lasting Power of Attorney advice and setup so partners can support each other if needed
Secure Will storage with clear guidance on how your executors can access the original when the time comes
Straightforward pricing and friendly, specialist advisers.

Contact Us Today

Get in touch for a free, no obligation, chat about making or updating your Will today. It is the single most effective way to protect each other and avoid the intestacy pitfalls that cohabiting couples face.

Cohabiting without a Will: what really happens in England and Wales