Last Updated on May 7, 2026 by tanya

Is An Unmarried Partner Entitled to Inheritance?

 

About Our Legal Expert: This content is produced under the oversight of Michael Jefferies, First Personal Injury Director, who brings over 30 years of legal experience.

Written by Tanya Waterworth, Digital Content Writer

 

How to Claim Under the Inheritance Act as an Unmarried Partner

The question “Is an unmarried partner entitled to inheritance?” is one of the most searched legal queries today. With cohabitation on the rise, millions of couples live together without marrying or entering civil partnerships in England and Wales. Yet, the law still falls behind modern relationships. If your partner dies without a will (intestate), you may face devastating consequences such as losing your home, savings, or even possessions.

However, there is a legal route you can take – by claiming under the Inheritance Act 1975 if you meet specific criteria. This includes being financially dependent on the deceased and having lived with them for at least two years.

Making a claim under the Inheritance Act falls under the complex legal area of contentious probate and it’s essential to consult a specialist solicitor if this has happened to you.

 

The Myth of Common-Law Marriage

One of the biggest myths is the idea of ‘common-law marriage’. Many believe that living together for years provides legal rights similar to marriage. But in reality, common-law marriage does not exist in England and Wales.

 

Spouses and civil partners inherit automatically under intestacy rules.

Unmarried partners, regardless of relationship length or children, are excluded.

Without a will, the estate passes to relatives: children, parents, siblings, or distant kin.

 

This means that if your partner dies intestate (without a will), you legally inherit nothing.

 

What Happens Under Intestacy Rules?

The rules of intestacy are strict:

First in line: spouse or civil partner.

Next: children.

Then: parents, siblings, and extended family.

Unmarried partners are not recognised at all.

 

Example Scenario

Imagine Sarah and Tom, who lived together for 15 years, shared a home, and raised children. Tom dies without a will. The house is in his sole name. Under intestacy rules, Sarah inherits nothing. The estate may pass to Tom’s children or parents. Sarah could lose her home overnight.

 

How Can Unmarried Partners Claim?

Although intestacy rules exclude cohabiting partners, there are legal routes to claim inheritance:

1. Inheritance Act 1975 Claims

Unmarried partners apply under the Inheritance (Provision for Family and Dependants) Act 1975 if:

 

They lived with the deceased for at least two years immediately before death.

They were financially dependent on the deceased.

 

Courts may grant financial provision, including maintenance, housing, or lump sums.

 

2. Joint Ownership of Property

If property is owned as joint tenants, the surviving partner automatically inherits the deceased’s share. If owned as tenants in common, the deceased’s share passes under intestacy rules unless a will directs otherwise.

 

3. Nominated Assets

Some assets, like pensions or life insurance, allow nomination of a beneficiary. If the deceased nominated their partner, they may receive those benefits.

 

4. Trusts and Cohabitation Agreements

Couples can set up trusts or agreements to clarify ownership and inheritance rights.

 

Why Wills Are Essential for Unmarried Couples

The most effective way to protect a partner is through a valid will. Without one, the law offers little protection. The benefits of a will include:

Ensures your partner inherits property, savings, and possessions.

Prevents disputes among relatives.

Provides clarity for children and dependants.

Reduces emotional and financial stress during bereavement.

 

FAQs – Is an Unmarried Partner is Entitled to Inherit?

Can Unmarried Partners Inherit in England and Wales?

No. They have no automatic right under intestacy rules.

 

How Do Unmarried Partners Claim if Their Partner Dies?

They must:

Apply under the Inheritance Act 1975.

Rely on joint ownership or nominated assets.

Seek legal advice quickly to protect their rights.

 

What Is Common-Law Marriage?

It is a myth. Cohabiting couples have no legal status unless married or in a civil partnership.

 

Practical Steps for Cohabiting Couples

To avoid inheritance disputes, couples should:

 

1. Write a will naming each other as beneficiaries.

 

2. Register property as joint tenants for automatic inheritance.

 

3. Nominate pensions and insurance policies to their partner.

 

4. Consider a cohabitation agreement to clarify financial arrangements.

 

5. Seek legal advice to ensure protection.

 

Emotional and Financial Impact

The lack of rights for unmarried partners often leads to heart-breaking outcomes:

 

Losing the family home.

Financial insecurity for surviving partners.

Legal battles with relatives.

Emotional distress during grief.

 

By planning ahead, couples can avoid these devastating consequences.

 

Should the Law Change?

Many campaigners argue that intestacy rules are outdated. With nearly one in five couples cohabiting, excluding them from inheritance seems unjust. Reform proposals suggest recognising long-term cohabiting partners. However, change has been slow.

However, until reform happens, wills remain the only reliable safeguard.

 

Need help? Call Our Team Now

Unmarried partners in England and Wales face significant challenges when it comes to inheritance. They do not automatically inherit under intestacy rules if a partner dies without a will. To claim, they must rely on the Inheritance Act 1975, joint ownership, or nominated assets.

If this has happened to you, it’s vital to act quickly as strict time limits apply. Inheritance Act Claims may be complex and our expert panel firms can guide you through the process.

Call us at 0333 358 2345 or contact us online for your free consultation.