Category: Wills & Trusts
You may have lived together for 20 years. You may own a home, share bank accounts and have raised children together. You may regard yourselves as a married couple in everything but name.
Unfortunately, English and Welsh law may not see it that way.
If you die without a valid Will, your partner may have no automatic right to inherit your estate. The law can treat the person who shared your life as a stranger, while giving priority to blood relatives who may have had little involvement in your family life.
If nothing changes:
- Within three months, your partner could face uncertainty over the home, bank accounts and household finances.
- Within six months, they may need to consider a court claim simply to seek reasonable financial provision from your estate.
- Within 12 months, a disagreement with children or other relatives could develop into a distressing and expensive inheritance dispute or litigation.
That is not a risk you should leave to chance.
The Government has recently consulted on changing the position for qualifying cohabitants. However, the consultation proposals are not law. At the time of writing, the Ministry of Justice is analysing the feedback. The reform process remains live, and the law may change, but you should not wait for legislation that may take years to arrive.
“Cohabitants currently have no automatic right to inherit when a partner dies without a will.”- Ministry of Justice, A fairer end to relationships
Myth: “We are common law husband and wife, so my partner will inherit”
There is no legal status of “common law spouse” in England and Wales.
Living together for two years, 20 years or even 50 years does not give you the same inheritance rights as a married couple or civil partners. Having children together does not automatically change that position either.
If you die without a valid Will, you die intestate. This means your estate is distributed according to the rules of intestacy, fixed legal rules that decide who inherits when there is no Will.
Those rules generally prioritise:
- A surviving spouse or civil partner;
- Children and their descendants;
- Parents;
- Brothers and sisters, or their descendants;
- More distant blood relatives.
An unmarried partner is not included in that order.
If you have children but are not married or in a civil partnership, your children may inherit your estate instead of your partner. This includes children from previous relationships. An adopted child can inherit, but a stepchild who has not been adopted generally cannot inherit under the intestacy rules.
That can leave your partner facing a difficult choice: negotiate with your children and other relatives, sell the home, or begin a legal claim.
What happens to your home? Joint tenants or tenants in common
Property ownership can make a significant difference, but it does not replace the need for a Will.
If you own the property as joint tenants
If you and your partner own your home as beneficial joint tenants, the right of survivorship usually means that your share passes automatically to the surviving owner when you die.
That property normally passes outside your estate and does not follow the intestacy rules.
Joint bank accounts may operate in a similar way, with the surviving account holder usually receiving the balance. However, you should not assume every asset works in the same way. Pension nominations, life policies, investments and business interests may all require separate consideration.
If you own the property as tenants in common
If you own the property as tenants in common, each of you owns a distinct share. That share does not automatically pass to the surviving partner.
Instead, it passes under your Will or, if there is no Will, under the intestacy rules.
This is where an unmarried partner can be exposed. If your share passes to children or other relatives, your partner may have to negotiate with them about remaining in the home. In the worst cases, the survivor may be forced to sell or face a court dispute about occupation and financial provision.
You should check your title documents and any declaration of trust. If you are unsure whether you own the property as joint tenants or tenants in common, ask a solicitor before assuming your partner is protected.
Can a cohabiting partner make a claim under the 1975 Act?
Possibly, but this is not the same as automatically inheriting.
The Inheritance (Provision for Family and Dependants) Act 1975 may allow a cohabiting partner to apply to the court if they lived in the same household as the deceased, as if they were a married couple or civil partners, throughout the two years ending immediately before the death.
The claim is for reasonable financial provision. For a cohabiting partner, this generally means provision reasonably required for maintenance.
The court may consider factors such as:
- Your financial resources and needs;
- The financial resources and needs of other beneficiaries;
- Your relationship with the deceased;
- Any responsibilities the deceased had towards you or others;
- The size and nature of the estate;
- Any physical or mental disability;
- The needs of children.
The important point is this: a 1975 Act claim is a claim, not an automatic entitlement. The court decides what, if anything, should be awarded. The process can be lengthy, emotionally draining and expensive. It may also place you in conflict with your partner’s children or family at a time when you are already grieving.
If you believe you may need to bring a claim, obtain specialist legal advice promptly. There are strict procedural requirements and delay can damage your position.
Children, stepchildren and blended families
Blended families need particularly careful planning.
You may want your partner to remain in the family home for life, while ultimately leaving the property or other assets to your children. Alternatively, you may want to divide your estate equally between your partner and children.
Neither intention will happen automatically.
A professionally prepared Will can set out:
- Who should inherit your estate;
- Whether your partner can continue living in the home;
- Whether children inherit immediately or at a later age;
- Who should look after young children if necessary;
- What should happen to specific possessions;
- How gifts to children from previous relationships should be handled.
If you have stepchildren, you should be clear about whether you want them to benefit. They may be part of your family emotionally, but they do not generally inherit under the intestacy rules unless they have been adopted by you.
Do not forget Lasting Powers of Attorney
Estate planning is not only about what happens after death.
A Lasting Power of Attorney (LPA) allows you to appoint people you trust to make decisions for you if you lose the ability to make them yourself. You can make:
- A property and financial affairs LPA; and
- A health and welfare LPA.
Your partner does not automatically have authority to manage your bank accounts, sell your property or make healthcare decisions simply because you live together.
That is why many couples should consider LPAs alongside their Will. Our guide to Lasting Powers of Attorney explains why everybody should consider putting them in place.
What should you do now?
You do not need to wait for the Government’s consultation outcome.
Start by reviewing:
- Whether you and your partner have valid, up-to-date Wills;
- How your home and other major assets are owned;
- Whether you need a declaration of trust;
- Whether you have LPAs in place;
- What should happen to children, stepchildren and previous partners;
- Whether your Will still reflects your wishes after any separation, new relationship, birth, death or major purchase.
Our advice for unmarried couples on estate planning explains how a Will, property planning and a cohabitation agreement can work together.
A Will is not just an administrative document. It is a practical way to protect the person you love from losing their home, income and security. It can also help prevent family disagreements from becoming expensive litigation.
How Tyto Law can help
We can design a clear estate plan around your family rather than forcing your circumstances into a standard template. As experienced professional Will writers and a client-focused private client team, we ask the right questions about your property, children, finances and long-term intentions.
Our will writing services can help you:
- Protect your partner;
- Provide for children and stepchildren;
- Clarify your wishes about the family home;
- Reduce the risk of future inheritance disputes;
- Coordinate your Will with LPAs and property arrangements;
- Review your plan when your circumstances change.
You can speak with us online, at your home or office, or at our offices in Crowle, North Lincolnshire, and Lincoln. We offer flexible weekday, evening and weekend appointments.
The value is peace of mind: knowing that your partner will not be left trying to prove their place in your family after you are gone.
Our standard initial consultation is charged at a fixed fee of £175. However, that fee does not apply to Wills, Lasting Powers of Attorney or Probate. Please contact us so we can explain the appropriate arrangement for your circumstances.
Do not leave your partner waiting for the law to catch up. Have a chat with us about putting the right protection in place now.
Author profile
Oliver Saxon, Principal Solicitor
Oliver is the Principal Solicitor at Tyto Law Solicitors. He advises individuals and families on Wills, LPAs, Probate, property matters and dispute resolution. Oliver is committed to providing clear legal advice without unnecessary jargon, with flexible appointments available to clients in Lincoln, Crowle, North Lincolnshire and beyond.
Read more about Oliver Saxon.
This article provides general information about the law of England and Wales as at 23 September 2026. It is not a substitute for advice on your individual circumstances. The outcome of any inheritance or 1975 Act claim will depend on the facts of the case.