Do unmarried couples need a will? - My Local Will Writer

If you’re not married to your partner, the law doesn’t automatically recognise your relationship when it comes to inheritance. It doesn’t matter how long you’ve been together, whether you own a home jointly, or whether you have children. Without a will for your unmarried partner, they may receive nothing. Here’s what the law actually says, what’s at risk, and what a will does to protect you both.

What “Common Law Marriage” Actually Means in the UK

There is no such thing as common law marriage in England and Wales. It isn’t a legal status, and it doesn’t exist in UK law. No matter how long a couple has lived together (two years, ten years, thirty years), the law doesn’t treat them as married for inheritance purposes.

This applies whether you share a mortgage, have a joint bank account, or have children together. None of it changes your legal position.

The belief is understandable. It’s repeated everywhere, including by people who really should know better. But acting on it is a serious financial risk. Scotland has slightly different rules; this article covers England and Wales.

What Happens to Cohabiting Couples Under Intestacy Rules

When someone dies without a will, their estate is distributed under what are called the intestacy rules. In England and Wales, those rules give priority to married and civil partners first, then to blood relatives. An unmarried partner sits completely outside that list.

If you die without a will, your unmarried partner receives nothing automatically. Not even a share of the family home if it’s in your name alone. What happens next depends on your family situation:

If you have children together, those children inherit under intestacy. Your partner may still receive nothing from your estate, even if the children are young and living with them. If you have no children, your estate passes to your parents, then your siblings – again, your partner receives nothing.

How the intestacy rules work for unmarried couples
Married or civil partner → inherits first
Children → inherit if no married partner
Parents → inherit if no children
Siblings → inherit if no parents
Unmarried partner → receives nothing at any stage

There is one partial exception worth knowing: if you own your home jointly as beneficial joint tenants, it passes automatically to the surviving partner by survivorship, regardless of any will or intestacy rules. But this only covers that property. Everything else in your estate – savings, investments, personal possessions – is still governed by the intestacy rules, and your partner has no claim on any of it.

If you own as tenants in common instead (which is common when ownership shares are unequal), survivorship doesn’t apply. Your share of the property falls into your estate and passes under intestacy. If you’re unsure which applies to you, the Land Registry title will confirm which applies.

What a Will for an Unmarried Partner Actually Does

A will lets you leave your estate, or any part of it, to your unmarried partner. That’s something the intestacy rules will never do automatically. You can also name your partner as executor, giving them control over administering the estate, and name guardians for any children you have together.

One thing a will cannot fix is inheritance tax. Married couples can pass assets to each other free of inheritance tax. Unmarried couples don’t have this exemption, and assets above the nil-rate band may still be taxable. This is a reason some couples choose to marry, but it’s a separate consideration and beyond the scope of a will alone.

Should Both Partners Make a Will?

Yes – and it’s worth being clear why. Each person’s will only covers their own estate. One will does not protect both partners.

If one partner dies without a will, the survivor may be left with nothing, even if the other partner has a will in place. The standard approach for cohabiting couples will writing is mirror wills, where each partner leaves their estate to the other, with a shared backup arrangement (children, family, or a charity) if both die together. My Local Will Writer can draft mirror wills for couples in the same process, so neither partner has to arrange theirs separately.

What If You Own Property Together?

This is one of the most common sources of confusion for cohabiting couples who own a home together.

If you own as beneficial joint tenants, the property passes automatically to the surviving partner regardless of what a will says. A will does not affect this. If you own as tenants in common, that automatic right doesn’t exist. Your share of the property falls into your estate and is distributed according to your will, or under intestacy if you don’t have one.

If you’ve just checked your title and found you’re tenants in common without a will in place, that’s worth acting on. Your share of the home could pass to your parents or siblings rather than your partner if you were to die. A will puts you back in control of what happens to it. Start the process online and a local will writer can take it from there.

Either way, a will is still essential for the rest of your estate. The property question is only one part of your financial position.

What About a Lasting Power of Attorney?

Death isn’t the only situation where unmarried partners face a legal gap. If you were to lose mental capacity through a stroke, an accident, or a degenerative illness, your partner has no automatic right to manage your finances or make health and care decisions on your behalf. Without an LPA in place, they may have no legal standing at all, even if you’ve been together for decades.

A Lasting Power of Attorney addresses this. Together, a will and an LPA give unmarried couples the most complete legal protection available. My Local Will Writer can help you put both in place.

For unmarried couples, a will isn’t optional – it’s the only legal mechanism that protects your partner if you die. Getting one takes less time than most people expect. Start your will online and connect with a local will writer who can help.