Who Inherits My Estate If I Am Not Married or in a Civil Partnership?
Many couples live together for many years, own a home together, raise children together and build a life together without ever getting married or entering into a civil partnership.
It is therefore a common assumption that a long-term partner will automatically inherit if the other dies. Unfortunately, this is incorrect.
One of the most common misconceptions we encounter in Wills and Probate matters is the belief that “common law spouses” have the same legal rights as married couples. However, under the law of England and Wales, there is no such thing as a common law spouse. If an individual dies without a valid Will, their estate is distributed according to the rules of intestacy, regardless of how long they have been in a relationship.
What Are the Intestacy Rules?
If somebody dies without leaving a valid Will, the intestacy rules determine who inherits their estate.
The rules set out a strict order of inheritance and determine how a deceased person’s estate will be distributed. Unfortunately, an unmarried partner is not recognised under these rules. It does not matter how long you have been together, whether you own a property together, or whether you have children together. An unmarried partner does not automatically inherit under the rules of intestacy.
If you die without a valid Will, your estate will generally pass in the following order:
- Spouse or civil partner
- Children or their descendants
- Parents
- Siblings of the whole blood or their descendants
- Siblings of the half blood or their descendants
- Grandparents
- Uncles and aunts of the whole blood or their descendants
- Uncles and aunts of the half blood or their descendants
As you will see, an unmarried partner does not appear anywhere within this list.
Will My Partner Inherit If We Have Been Together for Many Years?
Many people believe that living together for a significant period of time gives them the same inheritance rights as a spouse. Unfortunately, this is not the case.
Even if you have lived together for decades, raised a family, pooled finances, and built a life together, your partner may not automatically receive anything from your estate if you die without a Will. This can come as a shock to many families and can create uncertainty, additional costs and emotional stress at an already difficult time.
What Happens If We Own Our Home Together?
If a cohabiting couple owns a property together, what happens following death depends on how the property is owned.
There are two main ways a property can be owned jointly:
- Joint Tenants
- Tenants in Common
Joint Tenants
If a property is owned as Joint Tenants, the property automatically passes to the surviving owner when one owner dies. This is known as the right of survivorship. The property does not pass under the terms of a Will or under the rules of intestacy. Instead, ownership automatically transfers to the surviving joint owner.
Tenants in Common
If a property is owned as Tenants in Common, each owner owns a separate share of the property. When one owner dies, their share passes under the terms of their Will or, if there is no Will, under the rules of intestacy. Unlike Joint Tenants, the deceased’s share does not automatically pass to the surviving owner. This can create significant difficulties for unmarried couples if no Will has been put in place.
What Problems Can Arise If There Is No Will?
If a couple owns their property as Tenants in Common and one partner dies without a valid Will, their share of the property will pass under the rules of intestacy. As an unmarried partner is not entitled to inherit under the intestacy rules, the deceased’s share may pass to children, parents or other family members instead. This can create complications, particularly where the surviving partner wishes to continue living in the property.
Why Making a Will Matters
Making a Will is one of the most important steps you can take to protect your loved ones and ensure your wishes are respected after your death. A valid Will gives you control over how your estate is dealt with and distributed. It can also help avoid unnecessary stress, uncertainty and potential disputes for those left behind.
A Will allows you to decide:
- Who inherits your estate, including your property, savings and personal possessions.
- Who will act as your Executor.
- Who will look after your minor children.
- How specific assets should be distributed.
- Whether unmarried partners should benefit from your estate.
Regardless of whether your estate is large or small, a Will provides certainty and peace of mind.
Do Unmarried Couples Need a Will?
For unmarried couples, putting a Will in place is particularly important.
Without a valid Will, your partner may have no automatic right to inherit from your estate, regardless of how long you have been together. A properly drafted Will allows you to ensure your partner, children and other loved ones are provided for in accordance with your wishes.
No. Under the rules of intestacy, an unmarried partner does not automatically inherit from their partner’s estate.
There is no legal concept of a common law spouse in England and Wales. Living together does not give the same inheritance rights as marriage or civil partnership.
It depends on how the property is owned. If the property is held as Joint Tenants, the surviving owner will usually inherit automatically. If it is owned as Tenants in Common, the deceased’s share passes under their Will or the rules of intestacy.
Yes. A valid Will can ensure that your partner receives part or all of your estate according to your wishes.
Generally, anyone aged 18 or over who has the necessary mental capacity can make a Will.
How Thornton Jones Can Help
If you are living with a partner and have not yet made a Will, now is the time to consider your arrangements.
A simple conversation today could prevent significant difficulties for your loved ones in the future. Our experienced Wills and Probate team can advise you on protecting your partner, ensuring your assets pass according to your wishes, and putting in place a professionally drafted Will tailored to your circumstances.
To discuss your options or arrange an appointment with a member of our team, please contact Thornton Jones Solicitors today.
Will Solicitors
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
