Wills for Unmarried Couples

No. Unmarried couples have no automatic inheritance rights under English law. The common law marriage myth — the belief that long-term cohabiting couples have the same rights as married couples — has no legal basis in England and Wales. Without a valid Will, an unmarried partner inherits nothing under the Rules of Intestacy.

Mirror Wills are two separate Wills made by a couple that mirror each other — typically leaving everything to the surviving partner, then to children or other beneficiaries on the second death. They are the most common and recommended approach for unmarried couples. Unlike joint Wills, each partner can update their mirror Will independently after the first death.

If your partner dies without a Will, their estate is distributed under the Rules of Intestacy. As an unmarried partner, you are not included in the intestacy order at any stage — regardless of how long you have lived together. The estate passes to blood relatives: children first, then parents, then siblings. You could be left with nothing, even if you shared a home.

Possibly. Under the Inheritance (Provision for Family and Dependants) Act 1975, a cohabiting partner who lived with the deceased for at least two years immediately before the death can apply to the court for reasonable financial provision. However, this is a costly and uncertain process — it is far better to make a Will than to rely on a court claim.

For unmarried couples, tenants in common is generally preferable. It allows each partner to leave their share of the property in their Will — enabling Protective Property Trust planning, care fee protection, and nil-rate band planning. Joint tenancy is simpler but offers less flexibility and no protection if the survivor remarries or faces care fees.

Yes. The spousal exemption — which allows assets of any value to pass between spouses free of IHT — does not apply to unmarried couples. Assets above the £325,000 nil-rate band are taxed at 40%. Unmarried couples also cannot transfer the nil-rate band between partners, unlike married couples who can combine their allowances to shelter up to £650,000.

A cohabitation agreement is a legal document that sets out how property, finances, and other assets are owned between cohabiting partners, and what happens if the relationship ends. It provides legal protection during life — complementing the Will's protection after death. It can also address practical matters such as who pays the mortgage, how joint expenses are shared, and what happens to pets.

Yes — if you own the property as tenants in common. You can leave your share to your children in your Will, while granting your partner a life interest (the right to live in the property for life) through a Protective Property Trust. This protects your children's inheritance while ensuring your partner is not forced to leave the family home.

Yes. Pension death benefits are not governed by the Will — they are paid to whoever is nominated on the Expression of Wish form held by the pension provider. If you have not updated your nomination to include your partner, the pension trustees may pay to your estate or to blood relatives. Update your nomination form with every pension provider.

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people — including cohabiting partners who lived with the deceased for at least two years — to apply to the court for reasonable financial provision from the estate. The court has wide discretion and will consider the applicant's financial needs, the size of the estate, and the deceased's obligations. Claims are costly and uncertain — a Will is always preferable.