Inheritance Rights for Unmarried Couples: A Cautionary Tale and the Importance of Planning
- Anna Kmiec
- Mar 29
- 6 min read
Updated: Jul 19
In today’s society, an increasing number of couples are choosing to live together without getting married or entering into a civil partnership. While cohabiting may suit personal and lifestyle preferences, many are unaware that this modern way of living comes with outdated legal consequences—particularly in matters of inheritance.
When a partner dies without a Will, the results can be emotionally and financially devastating for the surviving partner. The law, in many jurisdictions including the UK, does not recognise cohabiting partners as legal heirs by default. This means that unless steps are taken to plan ahead, surviving partners may be left with nothing.
The story of Jon and Alice is a real-world reminder of what can happen when unmarried couples fail to plan for the future.
Jon and Alice: A Modern Relationship with a Traditional Problem
Jon and Alice were in a committed relationship for over 15 years. Both in their 40s, they lived together, shared expenses, and supported each other emotionally and practically. They had every intention of spending their lives together but saw no reason to formalise their relationship through marriage or civil partnership. It was a decision made out of confidence, not carelessness.
Jon owned the home they lived in, along with several investment accounts. Alice contributed to household expenses and improvements but had no legal ownership of the property. Like many others, Jon assumed he was too young to worry about writing a Will and believed that everything would somehow work itself out.
Then, tragically and unexpectedly, Jon passed away.
Because he had not made a Will, his estate was distributed under the rules of intestacy. These laws do not acknowledge unmarried partners as beneficiaries. Jon’s only legal heir was his daughter Marie, from a previous relationship. Unfortunately, Marie had little regard for Alice and swiftly inherited everything—Jon’s home, investments, and personal belongings. Alice, already devastated by the loss of her partner, found herself with no legal right to stay in the home she had lived in for over a decade.
This situation is more common than many realise—and entirely preventable with proper legal planning.
The Legal Reality: No Inheritance Rights Without Marriage or a Will
The concept of a "common-law spouse" persists in popular culture, but it holds no legal weight in England and Wales. Unmarried couples have no automatic rights to inherit from each other, regardless of how long they have been together or how integrated their lives have become.
Under the rules of intestacy, when someone dies without a valid Will:
Their estate is distributed to their closest living relatives in a fixed order: spouse or civil partner first, then children, followed by parents and siblings.
Unmarried partners are not included in this list.
Children, even if estranged, will inherit ahead of a long-term cohabiting partner.
If the deceased has no close relatives, the estate may pass to more distant relatives or even to the Crown.
For those like Alice, the consequences are often severe: no access to their partner’s bank accounts, no legal right to the family home, and no say in the administration of the estate.
Inheritance Rights for Unmarried Couples - The Solution: Write a Will
The simplest and most effective way to ensure that your partner is protected is to make a legally valid Will. A Will allows you to:
Specify exactly who should inherit your estate.
Make provisions for your partner to live in the home or receive financial support.
Appoint executors who will carry out your wishes.
Avoid unnecessary disputes or confusion among family members.
Plan for tax implications and structure your estate efficiently.
Creating a Will is not just a legal formality—it is an act of care and clarity that protects your partner and your shared life together.
Additional Steps to Protect Your Partner
While writing a Will is the cornerstone of estate planning for unmarried couples, there are several other steps that can offer further security:
Joint Ownership of Property
If you own property together or plan to buy a home, how that property is legally owned matters.
As joint tenants, both partners own the property equally, and the surviving partner automatically inherits the whole property on death.
As tenants in common, each partner owns a specific share of the property, which can be passed on through a Will. Without a Will, that share will be distributed under intestacy rules.
Joint tenancy can offer a straightforward way to ensure that the surviving partner retains the home, but it’s important to weigh the implications with legal advice.
Designating Beneficiaries on Financial Assets
Certain assets do not pass under a Will and instead are transferred directly to nominated beneficiaries. These can include:
Life insurance policies
Pension death benefits
Workplace death-in-service benefits
By naming your partner as the beneficiary, you ensure that they receive the benefit directly, without delay or the complications of intestacy.
Consider a Cohabitation Agreement
A cohabitation agreement sets out how property and assets should be dealt with if the relationship ends or if one partner dies. It can include:
Ownership rights in shared property
Financial contributions and responsibilities
Provisions for dependent children
Clauses to complement your Will or estate plan
This agreement can help clarify intentions and avoid disputes later, especially when one partner is financially dependent on the other.
Create Lasting Powers of Attorney
If one partner becomes incapacitated, the other has no automatic right to manage their finances or make healthcare decisions unless formal legal authority has been granted. Setting up a lasting power of attorney for both financial and health matters ensures that your partner can act on your behalf if needed.
The Inheritance Tax Trap for Unmarried Couples
One of the most overlooked aspects of estate planning for unmarried couples is inheritance tax (IHT). Unlike married couples and civil partners, who benefit from generous tax exemptions when transferring assets to each other, unmarried couples are treated as separate individuals for tax purposes.
This means that:
Transfers between partners, whether during life or upon death, are subject to IHT.
Each individual has a tax-free nil-rate band of £325,000. Assets above this amount are taxed at 40%.
There is no spouse exemption for unmarried couples, so the survivor could face a significant tax bill.
Other IHT considerations include:
Annual Gift Exemption: Individuals can give up to £3,000 per year tax-free. This can be carried forward one year if unused.
Potentially Exempt Transfers (PETs): Gifts between unmarried partners are considered PETs. If the donor survives seven years after making the gift, it becomes exempt from IHT. If not, it may be taxed.
Residence Nil-Rate Band: An additional £175,000 may be available when passing a residence to direct descendants. This is only helpful if you have children and leave the home to them.
Tax planning is a vital part of protecting your estate and your partner’s financial future. With careful structuring and the help of a professional advisor, it may be possible to reduce your IHT liability significantly.
Can a Surviving Partner Make a Legal Claim?
In certain circumstances, a surviving partner may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, provided they were living with the deceased for at least two years prior to death.
This law allows the court to adjust the distribution of the estate to make reasonable financial provision for the surviving partner. However:
The process is complex, expensive, and emotionally taxing.
There is no guarantee of success.
Claims must usually be brought within six months of the grant of probate.
Relying on court intervention is not a substitute for making a Will. Legal claims should be viewed as a last resort, not a plan.
Taking Action: Start the Conversation Today
Talking about death and inheritance isn’t easy, but failing to plan can cause unnecessary hardship for the people you love most. Estate planning is not just about money—it’s about relationships, security, and ensuring that your values and intentions are respected.
If you are in a long-term relationship and not married or in a civil partnership, now is the time to ask:
Do we each have a valid, up-to-date Will?
Is our property ownership structured appropriately?
Have we named each other as beneficiaries on our pensions and insurance policies?
Do we understand the potential inheritance tax implications?
Have we considered lasting powers of attorney?
At Citywide Wills, we help individuals and couples take control of their future through thoughtful and legally sound estate planning. We understand that every relationship is unique, and we’re here to ensure your wishes are protected—on your terms.
Conclusion: Don’t Leave Your Partner Vulnerable
Jon and Alice’s story is not just a cautionary tale—it is a wake-up call. The law does not automatically protect unmarried couples, regardless of how loving, stable, or long-lasting their relationship may be. Without a Will and proper planning, the surviving partner may face not only emotional loss but also financial insecurity, housing instability, and legal complications.
Writing a Will is not just about what happens after you’re gone—it’s about showing your partner that you care enough to prepare.
Take action today. Talk to a professional. Make your wishes clear.
Because planning today means peace of mind tomorrow.
Contact us today:
Comments