More couples are choosing to live together without getting married or entering into a civil partnership. Whilst cohabiting couples may live in the same home and share finances, the law does not treat unmarried couples in the same way as married couples when it comes to inheritance.
One of the biggest misconceptions is that a long-term partner will automatically inherit their partner’s estate if they die without a Will. This is not the case. If you are living with a partner but are not married or in a civil partnership, making a Will is particularly important if you want to ensure that your partner is provided for after your death.
If someone dies without leaving a valid Will, their estate is distributed according to the Rules of Intestacy. These rules determine who inherits and in what circumstances.
Importantly, a cohabiting partner does not automatically inherit under the Rules of Intestacy. This means that, depending on the circumstances, your partner could receive nothing from your estate, even if you have lived together for many years.
The position concerning the family home can be particularly complicated.
If you own your property jointly with your partner, what happens when you die will depend on how the property is owned. If you own the property as joint tenants, your interest will generally pass automatically to the surviving joint owner under the right of survivorship, regardless of what your Will says.
However, if the property is owned as tenants in common, your share does not automatically pass to your partner. Instead, your share forms part of your estate and will pass according to your Will or, if you do not have one, the Rules of Intestacy.
This is why it is important not only to make a Will but also to understand how your property is owned.
Cohabiting couples with children from previous relationships may have more complex estate planning needs.
You may want your partner to have somewhere to live for the rest of their life, whilst ultimately ensuring that your share of the estate passes to your own children. A carefully drafted Will can potentially provide for this.
A Will allows you to decide who should benefit from your estate and can provide greater certainty for those you leave behind. For unmarried couples, this can be particularly important because the law does not automatically provide the same protections that apply to spouses and civil partners.
It is also worth remembering that making a Will is not a one-off exercise. Your circumstances may change over time, particularly if you buy a property together, have children, separate, or experience a significant change in your finances.
If you live with your partner but are not married or in a civil partnership, do not assume that they will automatically inherit your estate. Making a Will can help ensure that your wishes are clearly recorded and that the people you care about are properly provided for.
Article dated: 17/08/2026
Bethany is our Wills & Probate Paralegal based at our Melton Mowbray Office.
She has an impressive law background after achieving an Honours Bachelor of Law and a Bachelor of Criminology and Criminal Justice. Beginning her career as a Litigation Paralegal in the Supreme Court of Queensland, Australia, Bethany has moved to th United Kingdom to become admitted as a Solicitor.
Outside of work, Bethany enjoys walking through the countryside with her dog as well as horse riding.
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